Ezines, News and Tax Tips
Ezines is a monthly newsletter delivered to your email account with valuable information about tax, finances and business. If you would like to receive Ezines from us contact Marianne Biangardi at meb@obcpa.com.
Looking to hire? Hire an unemployed veteran
President Obama recently signed into law the returning heroes and wounded warriors work opportunity tax credits. Under this program, an employer can receive a 40% tax credit on the first $14,000 of wages paid to a qualifying veteran ($24,000 if disabled) who has been unemployed for six months or more in the year before they were hired. If the veteran was unemployed for less than six months but more than four weeks in the year prior to being hired, the company can receive a 40% credit on the first $6,000 of wages paid to the veteran. The credit applies to veterans starting work after November 21, 2011 and before January 1, 2013.
The credit is only available for the wages paid to the veteran in the first year of employment. The employer should fill out form 8850 on or before the day the individual is offered employment. This form should be filed with the designated local agency within 28 days of the employee beginning work to receive certification that the individual is a member of a targeted group.
Nathan Laurentius, CPA
(December 2011)
Retirement Plan Limits Released for 2012
The IRS has released the 2012 contribution limits for retirement plans. Some contribution levels will change from their 2011 limits. The maximum contribution for Section 401(k) deferrals will increase to $17,000. The catch-up contribution for individuals over 50 remains unchanged at $5,500.
The limit on a participant's annual addition to a defined contribution plan is increased from $49,000 to $50,000 for 2012.
Traditional IRA and Roth IRA contribution limits will remain the same as 2011 levels. The maximum contribution will be $5,000. The catch-up contribution for individuals over 50 will be $1,000.
A taxpayer may receive a tax deduction for their contribution to a traditional IRA. However these deductions are phased out if modified adjusted gross income (AGI) is above the phase-out limits. The AGI thresholds have changed for 2012. The phase-out range for singles and heads of household who are active participants in an employer-sponsored retirement plan will occur if the taxpayer's AGI is between $58,000 and $68,000.
The phase-out range for married couples filing jointly is between $92,000 and $112,000 of AGI, if the spouse who makes the IRA contribution is an active participant in an employer-sponsored retirement plan. For an IRA contributor who is not an active participant in an employer-sponsored retirement plan but is married to someone who is an active participant, the deduction is phased out if the couple's AGI is between $173,000 and $183,000.
The phase-out range for individuals who contribute to Roth IRAs increased $4,000 for 2012 to $173,000 through $183,000 for married filing jointly filers. For single filers and head of household, the income phase-out range increased $3,000 from 2011 levels to $110,000 through $125,000.
Please contact us if you have questions relating to your retirement plan contributions.
Karen Davis, CPA, JD
(December 2011)
Standard Mileage Increased for 2012
The standard mileage rate for 2012 will be increased to 55.5 cents per mile. This is a 4.5 cent increase over 2011 limits. The rate for medical travel will increase to 23 cents a mile, while the charitable rate will stay at 14 cents.
Nathan Laurentius, CPA
(December 2011)
Update on 1099 Reporting Requirements
Back in September of 2010 we reported about new 1099-M reporting requirements included in the Patient Protection and Affordable Care Act (PPACA). These requirements included all payments of $600 or more for services or goods to any vendor, regardless of type, to be submitted on 1099-Ms. These requirements were to go into effect for all payments made after December 31, 2011. Luckily, this was repealed by H.R. 4. Reporting requirements for businesses that existed prior to the passage of the PPACA remain unchanged and apply to payments of $600 or more to service providers.
Beginning in calendar year 2011, the Housing Act Assistance Tax Act of 2008 (HATA) requires gross amounts received through credit and debit card transactions to be reported to the IRS. The new requirements require banks and other payment settlement entities to file the new Form 1099-K, Merchant Card and Third Party Network Payments, beginning in 2012 for 2011 transactions. These transactions include debit cards, credit cards, gift cards, store cards, and e-commerce payments such as PayPal or Bill Me Later. Form 1099-K reporting is only required if the gross amount of total reportable transactions exceeds $20,000 and the total number of transactions exceeds 200 for the calendar year.
Rachael Haas
(November 2011)
Reporting Health Insurance Premiums on W-2's
The aggregate cost of employer-sponsored health insurance coverage is required to be reported in Box 12 code DD of every employee. These costs include:
- Medical plans
- Prescription drug plans
- Dental and vision plans
- Executive physicals
- Onsite clinics that provide more than de minimis care
- Medical supplement policies
- Employee assistance programs
The employer is not required to segregate costs between types of plans; the aggregate value must be disclosed. The value of these benefits is for information purposes only and is not taxable to the employee. This is done to track coverage values for the 40% excise tax, which starts in 2018. This reporting is optional for 2011 but will become mandatory for 2012.
Rachael Haas
(November 2011)
Time to Start Thinking About Year End Planning
The 2011 tax year is over in two months for individuals and calendar year businesses. Now is the time to start thinking about how to prepare. Since everyone’s tax situation is different it is best to work with a professional when you are planning for your year end.
Traditionally, taxpayers try to minimize current year tax by accelerating deductions and deferring income. However, many of the tax breaks that are available to individuals and businesses are set to expire after 2011. Some of these tax breaks are as follows:
For individuals:
- The option to deduct sales and use tax on schedule A instead of state and local income taxes.
- The ability to deduct up to $4,000 of qualified higher education expenses, depending on AGI.
- Tax-free distributions from IRAs by taxpayers 70½ years old and older where the distribution goes directly to a charitable organization.
- The estate tax exemption of $5 million with a 35% tax rate is set to expire after 2012. The 2013 tax rate will drop to a $1 million exemption with a 55% tax rate.
For businesses:
- 100% bonus depreciation for new software, machinery, and equipment will expire.
- Section 179 expensing limit will drop to $125,000 in 2012 from $500,000 in 2011.
It is best to discuss your situation with your CPA. Remember that everyone’s situation is different. There is no one size fits all strategy that will work for everyone. The earlier you contact your CPA, the more time you will have to develop a strategy that will work best for you.
Nathan Laurentius, CPA
(October 2011)
Employer Provided Cell Phone as Tax Free Fringe Benefit
Generally, in order to take a deduction for “listed property,” a taxpayer must provide records substantiating business use. The Small Business Act of 2010 removed cell phones from the listed property category. On September 14, 2011 the IRS issued a notice that clarified the tax treatment of employer –provided cell phones.
The Notice states that as long as the phones are provided to employees for business reasons, such as contacting the employee when away from the office or for work-related emergencies, the employee will not be taxed on the business or personal use of the phone. The employee will not be required to keep a record of their business and personal use.
The IRS had also indicated that employer reimbursements to employees for business use of their personal cell phones will not be taxable to employees as long as the use is reasonably related to the needs of the business, and the amounts reimbursed are not unusual or excessive.
Neither the providing of a cell phone to an employee or any reimbursements can be a substitute for part of the employee’s regular wages. Providing a cell phone for non-business reasons such as to promote goodwill or attract a prospective employee would still be taxable.
Please contact us for further information.
Karen Davis, CPA, JD
(October 2011)
Can You Deduct Your Club Dues?
Your business may pay club dues to one or several types of organizations which may or may not be deductible, depending on the type of organization and its purpose.
Dues paid to clubs organized for business, pleasure, recreation, or other social purposes are not deductible. This disallowance includes dues paid to country clubs, golf clubs, business luncheon clubs, and airline and hotel clubs. However, you can deduct 50% of the cost of the otherwise allowable business entertainment at a club, even if the dues you pay to the club are nondeductible.
The club-dues disallowance rule generally does not affect dues paid to professional organizations including bar associations and medical associations, or civic or public-service-type organizations, such as the Lions, Kiwanis or Rotary clubs. Club dues paid to local business leagues, chambers of commerce and boards of trade also are not affected. However, an organization is not exempt from the disallowance rule if its principle purpose is to provide entertainment facilities to its members, or to conduct entertainment activities for them.
In addition, a portion of your club-dues may not be deductible if they are used for lobbying or other political activities. Knowing what your club dues are used for is important and can be obtained from the organization.
Keep in mind that even if your club dues are deductible you still should maintain accurate records to substantiate the amount you pay is an ordinary and necessary business expense.
Rachael Haas, Staff Accountant
(September 2011)
Health Insurance Credit for Small Businesses
There is a tax credit available for businesses with 25 or fewer employees who provide health insurance to their employees and average compensation is under $25,000.The credit is 35% of the amount the employer pays for the health insurance as long as the employer pays at least 50% of the premium.
The credit does phase out for employers who have between 25 and 50 employees with the credit totally phased out for employers with over 50 employees. The second phase-out begins with employees’ average compensation between $25,000 and $50,000 with no credit available for average wages in excess of $50,000.
There are certain restrictions relating to who qualifies as employees and how to count part-time employees.
(December 2010)
2010 Tax Relief Act
The “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010” was signed into law on December 17, 2010. It includes an extension of the Bush-era tax cuts for two years, estate tax relief, a two-year “patch” of the alternative minimum tax (AMT), a two-percentage-point cut in employee-paid payroll taxes and in self-employment tax for 2011, new incentives to invest in machinery and equipment, and laundry list of retroactive and extended tax breaks for individuals and businesses.
Here are the major ones that could affect you:
Current income tax rates will be retained for two years (2011 and 2012), with a top rate of 35% on ordinary income and 15% on qualified dividends and long-term capital gains.
Employees and self-employed workers will receive a reduction of two percentage points in Social Security payroll tax in 2011, bringing the rate down from 6.2% to 4.2% for employees, and from 12.4% to 10.4% for the self-employed.
A two-year AMT “patch” for 2010 and 2011 will keep the AMT exemption near current levels and allow personal credits to offset AMT. Without the patch, an estimated 21 million additional taxpayers would have owed AMT for 2010.
Key tax credits for working families that were enacted or expanded in the American Recovery and Reinvestment Act of 2009 will be retained. Specifically, the new law extends the $1,000 child tax credit and maintains its expanded refundability for two years, extends rules expanding the earned income credit for larger families and married couples, and extends the higher education tax credit (the American Opportunity tax credit) and its partial refundability for two years.
Businesses can write off 100% of their equipment and machinery purchases, effective for property placed in service after September 8, 2010 and through December 31, 2011. For property placed in service in 2012, the new law provides for 50% additional first-year depreciation.
Many of the “traditional” tax extenders are extended for two years, retroactively to 2010 and through the end of 2011. Among many others, the extended provisions include the election to take an itemized deduction for state and local general sales taxes in lieu of the itemized deduction for state and local income taxes; the $250 above-the-line deduction for certain expenses of elementary and secondary school teachers; and the research credit.
After a one-year hiatus, the estate tax will be reinstated for 2011 and 2012, with a top rate of 35%. The exemption amount will be $5 million per individual in 2011 and will be indexed to inflation in following years. Estates of people who died in 2010 can choose to follow either 2010's or 2011's rules.
(December 2010)
IRS wants YOUR QuickBooks Files!
The IRS has trained 1,100 revenue agents on QuickBooks and has purchased 1,500 to 2,000 licensees from Intuit. Since IRS agents have the
authority to request electronic records under IRC section 6001 and various other regulations and procedures we can expect they will begin requesting taxpayer's electronic QuickBooks files as a part of the audit process very soon. Clearly, this will provide the IRS with easier access to your data and provide them the ability to use more sophisticated data analysis tools. It is imperative to be more diligent about recordkeeping. Consider these points;
Any memos or explanations in the electronic records should be written with the expectation an IRS agent will read it.
Access to electronic records provides the IRS with efficient processes to determine if you have issued all the appropriate 1099's, W-2's, etc.
By scanning the records electronically, detection of misclassified or questionable transactions is more likely.
You can expect they will focus on journal entries. Since journal entries are frequently not the result of an actual transaction, they will examine them for validity.
If the IRS requests a particular year, it will be unwise to provide them with information from another year. Visit with your accountant to make sure only the year in question is being provided electronically.
Finally, the IRS has the hammer on this. If you don't provide the records electronically, they can subpoena them.
(December 2010)
Obama's Proposed Two-Year Tax Cut Extension and the Effect on Year End Planning
As you’ve probably heard, President Obama announced on December 6, a “framework agreement” on tax cuts and unemployment insurance benefits. Highlights of this proposal include:
- Extending the Bush-era tax rates for two years, including an extension of the 15% rate for capital gain and dividend income,
- Allowing businesses to expense the full cost of all capital improvements in 2011,
- A $5 million exemption for estate tax with a top rate of 35% for 2011 and 2012,
- An extension of the Research and Development Tax Credit, the Child Tax Credit, expansion of the Earned Income Credit, and the creation of a new American Opportunity Credit relating to college tuition,
- Extension of unemployment benefits for 13 months, and
- A cut in an employee’s Social Security payroll tax from 6.2% of earnings to 4.2% for one year. This could significantly impact an employee’s net pay. A worker making $70,000 per year would save $1,400 in payroll taxes from this change.
When an increase in the tax rates seemed likely, advisors were telling taxpayers to accelerate income into 2010, and defer deductions until next year. While it is not a “done deal” yet, it now seems appropriate to adopt the opposite, a more traditional year-end planning strategy of deferring income and accelerating deductions.
But….BREAKING NEWS — the House Democrats are going to put up a fight, so stay tuned!
Please call if you have questions about how the new proposals affect your individual year end planning strategies.
(December 2010)
Retirement Plan Limits Released for 2011
The IRS released the contribution limits for retirement plans for the tax year 2011. Contribution levels will not change from 2010 limits. The maximum contribution for Section 401(k), 403(b), and 457(b) will remain unchanged at $16,500. The catch-up contribution for individuals over 50 also remains unchanged at $5,500.
Traditional IRA and Roth IRA contribution limits will remain the same as 2010 levels. The maximum contribution will be $5,000. The catch-up contribution for individuals over 50 will be $1,000.
A taxpayer may receive a tax deduction for a contribution to a traditional IRA. However these deductions are phased out if modified adjusted gross income is above the phase-out limits. The phase-out range for singles and heads of household who are active participants in an employer-sponsored retirement plan will occur if the taxpayer's AGI is between $56,000 and $66,000.
The phase-out range for married couples filing jointly is when the AGI is between $90,000 and $110,000, and the spouse who makes the IRA contribution is an active participant in an employer-sponsored retirement plan. For an IRA contributor who is not an active participant in an employer-sponsored retirement plan and is married to someone who is an active participant, the deduction is phased out if the couple's AGI is between $169,000 and $179,000.
The phase-out range for individuals who contribute to Roth IRAs increased $2,000 for 2011 to $169,000 through $179,000 for married filing jointly filers. For single filers and head of household, the income 2011 phase-out range also increased $2,000 from 2010 levels to $107,000 through $122,000. The phase-out range for a married individual filing a separate return who is an active participant in an employer sponsored retirement plan will not change from 2010 levels. The phase-out range is still $0 to $10,000.
(November 2010)
Important to Obtain W-9's
A taxpayer or business that makes any payment for which an information return (i.e. a 1099) is required, must withhold 28% of the payment if he has not obtained the tax identification number (TIN) of the payee. The withheld payment is called "backup withholding." It is required on any payment as soon as the threshold amount for filing the information return is met. Common examples of payments that require information returns are payments for interest, rent, or non-employee compensation. For payments to outside service providers the withholding would be required as soon as payments totaled $600, if the payee has not provided his TIN.
If the TIN is not obtained, and a payment is made without backup withholding, the payor can be held liable by the IRS for the amount that should have been withheld unless he can prove the payee paid the tax.
For some types of payments, including payments for outside services, the TIN may be obtained over the phone or on an invoice. Other types of payments, such as for interest, dividends, or if the payee has provided an incorrect TIN in the past, the payee is required to complete a Form W-9 and return it to the payor for his files.
Due to some recent IRS rulings, we recommend that a Form W-9 be obtained from all payees before any payment is made to them, in order to avoid any potential liability issues. These forms should be retained in your records for a minimum of three years after the last payment is made. Please let us know if you would like any of these forms sent to you. If you have any questions about your responsibilities in this area, contact Karen Davis in our office.
(November 2010)
Small Business Jobs Act of 2010
The recently enacted Small Business Jobs Act of 2010 includes a wide-ranging assortment of tax changes generally affecting small business. To offset a portion of the cost of the various tax breaks and incentives in the Act, Congress beefed up certain reporting requirements and penalties, in the hope that the added requirements will generate revenue and lead to more effective tax collection. Here are the details of the new reporting requirements.
Information reporting required for rental property expense payments.The new law states that payments made after December 31, 2010 for anyone receiving rental income from real property is required to file information returns with the Internal Revenue Service. This new law is also intended for service providers reporting payments of $600 or more during the year for rental property expenses. There are exceptions provided for individuals renting their principal residences (including active members of the military), taxpayers whose rental income doesn't exceed an IRS-determined minimal amount, and for those which the reporting requirement would create a hardship (under IRS regs).
Increased information return penalties. The new penalties in the tax code for failure to timely file information returns to the Internal Revenue Service will be increased for returns required to be filed after December 31, 2010. For example, the first-tier penalty will be increased from $15 to $30, and the calendar year maximum amount will be increased from $75,000 to $250,000. For smaller filers, the calendar year maximum amount will be increased from $25,000 to $75,000 for the first-tier penalty. The minimum penalty for each failure due to intentional disregard will be increased from $100 to $250. The penalties for failure to file information returns to payees will be similarly increased.
(October 2010)
Social Security Wage Base Remains at $106,800 for 2011
Social security benefits will remain the same for 2011. It was determined there was no cost of living increase that should be reflected in the amount of benefits recipients receive.
Each year the Consumer Price Index for Urban Wage Earners and Clerical Workers is evaluated to determine if there is a cost of living change which should be reflected in the amount of Social Security benefits. There has not been a change in the cost of living adjustment since the third quarter of 2008.
Since there is no cost of living adjustment to Social Security benefits correspondingly there will be no increase in the maximum amount of earning subject to Social Security tax. The Social Security Wage Base will remain at $106,800 for 2011. Since the Social Security Wage Base remains the same so do the corresponding tax rates. The FICA tax rates for employees and employers will remain at 6.2% for Social Security tax and 1.45% for Medicare tax.
(October 2010)
Tax Code is taking form for End of the Year Planning
Congress just passed a bill with many deductions for small businesses. The President signed it on Monday September 27. The bill contains the following items that may affect year end tax planning:
- Section 179 expensing limit was increased from $250,000 to $500,000 with the phase out amount increasing from $800,000 to $2,000,000. This increase will be in affect for 2010 and 2011.
- Up to $250,000 of qualified real property will be eligible for Sec. 179 expensing.
- 50% bonus first depreciation will be continued for 2010.
- The cap on first year depreciation for autos has been increased from $3,060 to $11,060 for autos placed in service in 2010. This increase is cars, light trucks and vans.
- The built in gains tax period on assets for corporations converting from a C corp. to an S corp. will be reduced from seven years to five years for tax years starting in 2011.
- Businesses with $50 million or less in gross receipts for the three previous years will be eligible to carry back excess general business credits for five years for tax years beginning in 2010.
- The deduction for start up costs will be doubled from $5,000 to $10,000. The phase out threshold has also been increase from $50,000 to $60,000.
- Self-employed individuals will be able to deduct self-employed health insurance when calculating self-employment taxes.
(September 2010)
A 1099 Nightmare?
You may have heard some complaining about a three-paragraph section of the Patient Protection and Affordable Care Act that was signed into law last March. This section changes the reporting requirements for Form 1099-MISC.
Currently, every person engaged in a trade or business, who makes payments for services to any one payee of $600 or more, is required to file an information return (Form 1099-MISC) with the IRS. Payments made to corporations are generally exempt.
The new law, effective for payments made after 12/31/11, expands the reporting requirement to payments for goods as well as services. Also corporations are no longer exempt after that date. This means that all businesses would be required to send 1099’s to vendors for purchases of such things as inventory, supplies, machinery and equipment. This could be a paperwork nightmare. Obtaining correct names, addresses, and tax identification numbers, and tracking amounts paid to each vendor could require additional time and staff.
This provision was put in the bill as a revenue raiser for the health care bill, as it is estimated that two billion is lost in taxes each year from income that goes unreported by small contractors and businesses. Legislation has been introduced in both the Senate and House to repeal the bill, but the hurdle is finding an alternative way to raise revenue.
Although the effective date is over a year away, you will probably hear about new developments concerning this legislation. We will keep you updated.
(September 2010)
Donate cash rewards from credit cards to charities for a tax deduction
If you are looking for an additional tax deduction, try donating cash rewards received from credit cards to a charitable organization. Many credit card providers allow card holders to donate their cash rewards automatically to charities of their choice. Just remember to get documentation from the charity if more than $250 is donated in one year.
(August 2010)
Deadline Extended for Closing Home Purchase to Qualify for Homebuyer Credit
Originally, both the regular first time homebuyer credit of $8,000 and the long time resident credit of $6,500 expired for principle residence purchases after April 30, 2010. However, if a written binding contract to purchase a principle residence was entered into before May 1, 2010, the credit could be claimed if the purchase closed before July 1, 2010.
Due to many complaints a relief measure for this deadline has been enacted. Under the relief measure, if a written binding contract to purchase a principle residence was entered into before May 1, 2010, the credit may be claimed if the purchase is closed before October 1, 2010.
Summer Tax Tips
Summer day care expenses may qualify for the child and dependent care credit. For example, the cost of day camp may qualify as an expense towards the credit; however, expenses for overnight camps do not qualify.
In addition, many students perform odd jobs over the summer, like babysitting and lawn mowing, to make extra cash. Earnings from self-employment are subject to income tax, and if the net earnings total $400 or more during the year, the student will have to pay self-employment tax.
(August 2010)
Planning for the Future 3.8% Medicare Tax on Wages and Investment Income
High-income taxpayers will be hit with two big tax hikes under the recently enacted health overhaul legislation: a tax increase on wages and a new levy on investments.
Higher Medicare tax on wages and self-employment income.
Under current law, wages are subject to a 2.9% Medicare tax. Workers and employers pay 1.45% each. Self-employed people pay both halves of the tax (but are allowed to deduct half of this amount for income tax purposes).
Unlike the payroll tax for Social Security, which applies to earnings up to an annual ceiling ($106,800 for 2010), the Medicare tax is levied on all of a worker's wages without limit.
Under the provisions of the new law, which take effect in 2013, most taxpayers will continue to pay the 1.45% Medicare tax, but single people earning more than $200,000 and married couples earning more than $250,000 will be taxed at an additional 0.9% (2.35% in total) on the excess over those base amounts. Self-employed persons will pay 3.8% on earnings over those thresholds.
Medicare tax extended to investments.
Under current law, the Medicare tax only applies to wages and self-employment income. Beginning in 2013, a Medicare tax will, for the first time, be applied to investment income. A new 3.8% tax will be imposed on net investment income of single taxpayers with AGI above $200,000 and joint filers over $250,000 (unindexed).
Net investment income is interest, dividends, royalties, rents, gross income from a trade or business involving passive activities, and net gain from disposition of property (other than property held in a trade or business). Net investment income is reduced by the deductions that are allocable to that income. However, the new tax won't apply to income in tax-deferred retirement accounts such as 401(k) plans.
If you have a large amount of taxable investment income, passive activity income, or are contemplating the sale of a second home or vacation home, you should start planning now to minimize the amount of exposure you have. Even distributions from retirement plans or conversions to Roth IRA’s that are not subject to the Medicare tax, can impact adjusted taxable income and thus increase exposure.
If you would like more details about these provisions or any other aspect of the new law, please don't hesitate to call.
(July 2010)
MS 150
On September 11th and 12th Mark O'Donnell will participate in the MS150 Bike Tour for the 12th consecutive year. Since 1999 Mark and his wife Jane have raised over $35,000 for the Multiple Sclerosis Society. The funds raised through this event go towards vital medical research needed to find a cure for Multiple Sclerosis. Your generosity is appreciated not only by me, but also by the thousands who are victims of this terrible disease.
If you are interested in donating please make checks payable to the National MS Society. Mail checks to Mark O'Donnell at 11457 Olde Cabin Rd., Ste. 310, Creve Coeur, MO 63141-7139
Donate Online here
(July 2010)
Estate Tax Quandary
What is the estate tax?
The estate tax, commonly referred to as the “death tax”, is a tax imposed on the transfer of “taxable assets” of a deceased person. This property can be transferred via a will, in accordance with state law, or as an incident of death.
How does it work?
A husband or wife can leave any amount to a spouse free of any estate tax. Transfers of “taxable assets” to others that exceed the exemption amount are subject to estate tax. For 2009 the exemption amount was $3.5 million with a federal estate tax rate of 45%.
2010:
- The estate tax has been repealed.
- Applicable tax rate is 0% with no need for exemptions.
- Stepped-up basis rules replaced with Carryover basis rules with a maximum step up of $3 million to a surviving spouse and an additional $1.3 million of other assets for a total of $4.3 million of step up due to appreciation of assets
- Transferred assets not included in the step-up basis will retain the basis of the original owner.
- The beneficiary of the carryover basis assets is potentially subject to capital-gains tax upon sale of the inherited assets
2011:
- The estate tax is reinstated
- $1 million exemption amount
- Federal estate tax rate of 55%
What next?
Congress is expected to retroactively reinstate the federal estate tax in a similar form to 2009. The exemption amount is expected to be within the $3.5 million to $5 million range with a federal estate tax rate of 35% to 45%. This new law will retroactively apply to 2010.
(June 2010)
Last Year for Non-Business Energy Property Tax Credit
If you have been thinking about putting in new windows or installing a new water heater within the next couple of years it might be best to do it before December 31, 2010. 2010 is the last year for the nonbusiness energy property credit. This nonrefundable credit applies to qualified energy efficiency improvements to a primary residence in the United States. The credit is 30% if cost of the qualifying improvements up to $1,500.
Qualified energy efficiency improvements that qualify for the tax credit (not including installation costs) are the following:
- Insulation designed to reduce heat gain/loss that meets the 2009 International Energy Conservation Code
- Exterior windows and doors (including skylights)
- Certain “asphalt roofs with appropriate cooling granules” and “metal roofs with appropriate pigmented coatings.”
Qualifying energy efficiency improvement that qualify for the credit along with installation costs are:
- Biomass Stoves
- Advanced main air circulating fan
- Heat pumps, HVAC systems, natural gas, oil or propane furnace, gas, propane, or oil hot water boiler
- Gas, oil, propane, or electric water heater.
There is no phase out range of the tax credit so anyone can take it. There are requirements for each energy efficiency improvement to qualify for the tax credit. Please review the following link for details on these requirements.
http://www.energystar.gov/index.cfm?c=tax_credits.tx_index
(May 2010)
Small Business Health Care Credit
New Small Business Health Care Credit May Reduce Your Cost of Health Insurance
The new Health Care Act contains a provision that allows a tax credit to certain qualified employers that provide health care coverage to their employees. In general, the employer must have fewer than 25 full-time equivalent employees, and the average annual wages of its employees must be less than $50,000 per employee. The employer must pay at least half of the premium cost for the employee enrolled in the employer’s plan. The credit can be up to 35% of the employer’s premium cost in 2010.
There are transition rules for 2010 that make it easier for employers to qualify, and phase out rules that affect the credit for employers with average wages between $25,000-$50,000 and 10-25 employees. For more information, or to discuss if your business qualifies for the credit, please contact us.
(May 2010)
Hiring Incentives
The Hiring Incentives to Restore Employment Act (HIRE Act) exempts an employer from paying the employer portion of the Social Security Taxes (6.2%) on new hires who had been unemployed for at least 60 days. This exemption applies to wages paid between March 19, 2010 through December 31, 2010.
As an additional incentive, for any qualifying worker hired under this initiative that the employer keeps on the payroll for a continuous 52 weeks, the employer is eligible for an additional non-refundable tax credit of up to $1,000 after the 52-week threshold is reached, to be taken on their 2011 tax return. In order to be eligible, the employee's pay in the second 26-week period must be at least 80% of the pay in the first 26-week period.
Workers hired after the date of introduction of the legislation (February 3, 2010) are eligible for the payroll tax forgiveness and the retention bonus, but only wages paid after the date of the new law's enactment receive the exemption for payroll taxes.
There are a few restrictions which include:
- An employer can't claim the new tax breaks for hiring family members.
- A worker who replaces another employee who performed the same job for the employer is not eligible for the benefit, unless the prior employee left the job voluntarily or for cause.
- For the hiring to qualify, the new hire must sign an affidavit, under penalties of perjury, stating that he or she has not been employed for more than 40 hours during the 60-day period ending on the date the employment begins.
- The payroll tax holiday does not apply with respect to wages paid during the first calendar quarter of 2010, but the amount by which the Social Security payroll tax would have been reduced under the payroll tax holiday provision during the first calendar quarter is applied against the tax imposed on the employer for the second calendar quarter of 2010.
The IRS is drafting a form for the individual to sign to indicate that he or she has been out of work for 60 days and are clarifying procedures for concerning this issue.
(March 2010)
Gala Awards
This year the 17th Annual ASA Awards Gala is Saturday, April 10, 2010 at the Hilton Ballpark. ASA will present a classic Kentucky Derby evening. Make plans to attend this event where the top general contractors, subcontractors and others in the construction industry are honored.
For more information please visit the ASA website at www.asamidwest.com or call Reba Gillick at (314) 214-1664 for more information.
(February 2010)
Roth IRA’s
There is a new rollover opportunity available in 2010. Regardless of your adjusted gross income, amounts in your regular IRA can be rolled over into a Roth IRA. Previously, individuals with more than $100,000 of adjusted gross income were barred from making such rollovers.
A Roth IRA has several advantages:
- Earnings within the account are tax-sheltered (as they are with a regular IRA)
- Unlike a regular 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 ½ as is generally the case with regular IRAs.
- Beneficiaries of Roth IRAs also enjoy tax-sheltered earnings (as with a regular IRA) and tax-free withdrawals (unlike with a regular IRA). They do, however, have to commence regular withdrawals from a Roth IRA after the account owner dies.
The rollover is taxed, but since your regular IRA has been funded with after tax dollars through non-deductible contributions, you will be taxed only on the difference between the value on the date of conversion (rollover) and your basis in your IRA. The tax you owe as a result of the rollover can be paid in 2010, or you can elect to pay half in 2011 and half in 2012.
If your IRA is increasing in value, it is better to complete the conversion as soon as possible. If you change your mind later there is a way to undo the conversion before the 2010 return is due.
(January 2010)
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Homebuyer Credits
There are two types of homebuyer credits available; the First Time Homebuyer Credit and the Long-term Residents Treated as First Time Homebuyers.
First Time Homebuyer Credit
The First Time Homebuyer Credit is available for purchases after 2008. A refundable first time homebuyer tax credit is available for qualifying principle residence purchases in the U.S. prior to May 1, 2010 or July 1, 2010. The credit is equal to the lesser of 10% of the purchase price or $8,000.
Eligibility
A person is a first time homebuyer if he has no present ownership interest in a principle residence in the U.S. during the 3-year period before the purchase of the home to which the credit applies. This applies to either spouse.
Limitations
Buy price limitation- For purchases after November 6, 2009 the credit cannot be claimed for a residence if its purchase price exceeds $800,000.
Income Phaseout- For qualifying purchases the phase out for taxpayers with modified adjusted gross income is between $75,000 and $95,000 ($150,000 - $170,000 for joint filers).
Long Term Residents Treated as First Time Homebuyers
The Long-term Residents Treated as First Time Homebuyers is available for purchases after November 6, 2009 to any individual (and, if married, the individual’s spouse) who has maintained the same principle residence for any five consecutive year period during the eight year period preceding the date of the purchase of the subsequent principle residence. The maximum allowable credit is the lesser of 10% of the purchase price or $6,500.
Limitations
Buy Price limitations- For purchases after November 6, 2009 the credit cannot be claimed for a residence if its purchase price exceeds $800,000.
Income Phaseout- For qualifying purchases the phase out for taxpayers with modified adjusted gross income is between $125,000 and $145,000 ($225,000 - $245,000 for joint filers).
(January 2010)
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Long-term Residents Treated as First Time Homebuyers
The Long-term Residents Treated as First Time Homebuyers is available for purchases after November 6, 2009 to any individual (and, if married, the individual’s spouse) who has maintained the same principle residence for any five consecutive year period during the eight year period preceding the date of the purchase of the subsequent principle residence. The maximum allowable credit is the lesser of 10% of the purchase price or $6,500.
Limitations
Buy Price limitations- For purchases after November 6, 2009 the credit cannot be claimed for a residence if its purchase price exceeds $800,000.
Income Phaseout- For qualifying purchases the phase out for taxpayers with modified adjusted gross income is between $125,000 and $145,000 ($225,000 - $245,000 for joint filers).
(January 2010)
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HAITI CONTRIBUTIONS MADE PRIOR TO MARCH 1ST WILL BE DEDUCTIBLE ON YOUR 2009 TAX RETURN
Congress has passed a bill and it is expected to be signed by the President.
The text of the House Bill follows;
A Bill to accelerate the income tax benefits for charitable cash contributions for the relief of victims of the earthquake in Haiti.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ACCELERATION OF INCOME TAX BENEFITS FOR CHARITABLE CASH CONTRIBUTIONS FOR RELIEF OF VICTIMS OF EARTHQUAKE IN HAITI.
(a) IN GENERAL.-For purposes of Section 170 of the Internal Revenue Code of 1986, a taxpayer may treat any contribution described in subsection (b) made after January 11, 2010, and before March 1, 2010, as if such contribution was made on December 31, 2009, and not in 2010.
(b) CONTRIBUTION DESCRIBED.-A contribution is described in this subsection if such contribution is a cash contribution made for the relief of victims in areas affected by the earthquake in Haiti on January 12, 2010, for which a charitable contribution deduction is allowable under Section 170 of the Internal Revenue Code of 1986.
(c) RECORDKEEPING.-In the case of a contribution described in subsection (b), a telephone bill showing the name of the donee organization, the date of the contribution, and the amount of the contribution shall be treated as meeting the recordkeeping requirements of Section 170(f)(17) of the Internal Revenue Code of 1986.
(January 2010)
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PLAN FOR A STRONG BALANCE SHEET AT DECEMBER 31
It is time to start preparing for the end of 2009. As most of our income statements are "challenged" by this year's economic environment, we need to plan for the strongest financial position (aka balance sheet) for December 31. A strong balance sheet will improve our position with banks, sureties and other creditors as well as prepare the company for the demands of 2010.
First things first, pull out your September financials and take a close look at accounts receivable, inventory, and prepaid assets. Specifically;
Accounts receivable - focus on the over 60-day items, and retainage. Can you get them collected by December 31? Are there items in the earlier columns that may slip into the over 90 by year end? If so can you take action to prevent that from occurring?
Inventory - Take a close look at the slow moving and obsolete items and prepare an action plan to move them out before December 31.
Prepaids - Other than income tax, prepaid expense at any year end should be avoided. Renegotiate you insurance plans and subscriptions to minimize the amount of prepaids.
By cleaning up these assets, you will
a) maximize cash on hand and
b) improve the "quality of assets" in the eyes of your creditors. You can use that cash to pay down your line of credit or accounts payable.
Second, set attainable financial targets for December 31. A good place to look for targets is RMA, a resource that publishes financial information by industry. Many banks use it as well.
As an example, if you are an electrical contractor you may target these financial ratios for December 31, 2009;
Median Upper Quartile
Current ratio 1.6 2.3
Debt to equity 1.7 .9
Average days in accounts receivable 66 44
The closer you can get to the "Upper quartile" the stronger you will be considered by outsiders. We can help you with that information and how to manage these for your best positioning.
Unlike tax planning, this planning process takes time so starting early will greatly improve your results over starting late, like in December.
(October 2009)
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MS 150 Thank you for your generosity!
Your contribution and support of my participation in the MS 150 is greatly appreciated. Thanks to you and others, I have collected over $2,500.00 in donations.
Your generosity is appreciated not only by me, but also by the thousands who are victims of this terrible disease.
On September 12th and 13th Mark ODonnell participated in the MS150 Bike Tour for the 11th consecutive year. Since 1999 Mark and his wife Jane have raised over $35,000 for the Multiple Sclerosis Society. The funds raised through this event go towards vital medical research needed to find a cure for Multiple Sclerosis.
If you are interested in donating please make checks payable to the National MS Society. Mail checks to Mark ODonnell at 11457 Olde Cabin Rd., Ste. 310, Creve Coeur, MO 63141-7139
Donate Online here
(October 2009)
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H1N1 IS A MEDICAL AND FINANCIAL ISSUE!
Mark J. ODonnell, CPA
The economy is stressing most of our businesses, and everyone is taking appropriate action to survive and to prosper once this recession is finally over. Yet there is a new threat to your business that can cause significant economic and personal damage underrated by the media, the H1N1 virus (aka "swine" flu). I believe it may cause a significant portion of your workforce to simultaneously miss at least a week's work, maybe two weeks. Since most of us have lean staffs in reaction to the recession, a substantial absence of key personnel could easily mean problems for our daily business operations. I am a business advisor not a medical professional, but I recently experienced the "flu" and found that it disrupted our business. I believe there are 3 reasons you should take it very seriously;
It is very contagious. On Sunday, August 2, 2008 I went out early for a fifty mile bike ride with some friends. Sure I woke up coughing the night before but I felt fine, in fact after the ride I picked up a dishwasher and arranged to meet my brother in law Doug at my home to install it about 3:00 -pm. Doug and his family planned to help out and stay for Sunday dinner. I started feeling bad about 4 pm and was in bed by 6:30. What I initially thought was a cold coming on hit me like a "ton of bricks." On Monday my wife Jane became as ill as fast as I did, and on Tuesday Doug and his family were infected as well. His daughter (10 yrs old) tested positive for H1N1 the next day. Here's the scary part, from my research you can start spreading the virus one day before symptoms become present! Either Jane or I could have infected Doug and his family even though at that time Jane was experiencing no symptoms. Can't imagine how many others I infected, I have no clue, but I have confidence that at least a few were infected on the ride, and at the store by having come in contact with me.
It is a very difficult flu. It was very incapacitating. I missed the entire work week beginning Aug 2nd. All the greatest hits of the flu are present; headache, fever, body ache, upper and lower GI issues, upper respiratory infection, and by far the worst feature lower respiratory infection. Constant coughing and wheezing are so awful sleep is nearly impossible. It was so bad that I pulled muscles in my back and chest from fits of coughing. Our physician prescribed what he could to relieve the symptoms and prevent other problems, but I understand there isn't much that can be done with a virus. Know this; I have never been that sick. Monday to Thursday was very terrible for me. In addition to a high fever and body aches I coughed so frequently and hard I thought I would cough up my feet.
It is persistent. I could not work from home for the first seven days. I am a workaholic, and proud of it. I love my practice. For those that needed me those seven days you have my apologies. I was out of it. In fact, I did not leave the lazy boy in our family room for any reason unless absolutely necessary. Same for my wife and my brother-in-law's family...the entire week was lost. The next week I struggled to work half time (more or less quarantined myself in my office) and even now a month later I still cough and my chest wall muscles are still sore.
Consider the impact on your business (and family) from the combination of a contagious, persistent and difficult flu. I suspect it could run through our office in days and take out most of my work force for at least a week. Add more don't forget lost time from employee - parents forced to stay home with their children. Client / customer service and work production could grind to a halt. My partner jokes I may be the only person at the office and might need to answer the phone. Not a very good joke, even from an accountant. But he may be absolutely correct! No matter it's a very expensive possibility. For some, this could be an even more serious medical event, which will of course have a more serious impact on our personal lives as well as our business.
Clearly, I am not a physician and I have no business providing any sort of medical advice. However I am strong recommending that you prepare for the H1N1 virus immediately. Please take a look at the following resources as soon as possible.
http://www.cdc.gov/h1n1flu/
http://www.webmd.com/cold-and-flu/flu-guide/swine-flu-faq-1
http://www.ct.gov/ctfluwatch/lib/ctfluwatch/h1n1/h1n1_
factsheet_english.pdf
And the video at;
http://www.youtube.com/watch?v=0wK1127fHQ4
These websites and many others will give you expert advice on how to deal with the H1N1 virus both at your workplace, and at your home.
The virus is here and it's spreading through some St Louis area school districts as well as the general population. We know that a vaccine is not going to be available for a month or more. That may be too late. There are procedures we can take to help reduce our risk to H1N1, the first of which is to become aware of its immediate and real threat to our family's and employees' personal health and our company's financial condition.
(September 2009)
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Congratulations are in order!
Nathan G. Laurentius passed the Certified Public Accounting (CPA) exam last fall. The CPA exam is one of the world’s leading licensing examinations, as it serves to protect the public interest by helping to ensure that only qualified individuals become licensed as Certified Public Accountants (CPAs). Way to go Nathan!
O’Donnell, Bonebrake & Co., P.C. celebrates 15 years in business!
August 1, 2009 ODonnell, Bonebrake & Co., P.C. celebrates its 15th anniversary. This celebration is as much about our partnership with our clients as it is about us.
Over the years, we've collaborated with clients across a wide range of industries to find practical and innovative solutions to their financial issues. We have been honored to develop deep and lasting relationships with many of our clients.
ODonnell, Bonebrake & Co., P.C. began in 1994, when the principals dissolved a former practice, and along with most of the personnel, formed this new practice. Our predecessor's practice began in 1981 when the partners purchased the St. Louis office of a national firm (Lester Witte & Co.). Including predecessor firms, the practice was founded over 30 years ago.
The success of the firm is due largely in part to our ability to work effectively with our clients and help them meet their significant business and tax related challenges.
In short, it's our relationships with our clients that have made us successful. So, this year, we'll be celebrating more than a 15th anniversary. We'll be celebrating our partnership with our clients.
Thank you for your confidence in our work and your trust in us. We look forward to working with you long into the future.
St. Louis Best Accountants
BEST IN BUSINESS 2009
Our firm is proud to announce that we have been nominated as one of the Best Accounting Firms in St. Louis for 2009! We are featured in the May edition of the Small Business Monthly newspaper.
It is an honor and a privilege to be nominated as one of St. Louis's Best Accounting Firms. This nomination was possible because of our outstanding staff for the service they provide to each of our exceptional clients.
Voting will be held in September of 2009.
ODonnell, Bonebrake & Co., P.C. is committed to serving our clients with quality service.
(September 2009)
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Seal the Deal Seminar
ODonnell, Bonebrake & Co., P.C. and the American Subcontractors Association - Midwest Council are pleased to sponsor the Seal the Deal Seminar on May 7, 2009 at the Quality Inn Amphitheatre in Maryland Heights, Missouri.
Seminar Topics:
Cutting Through Tough Economic Conditions
We will be discussing techniques in both sales and marketing to combat the practices used in a tough economy. Companies have to contend with ridiculous pricing schemes, unrealistic demands and inexperience with customers. This topic will deal directly with taking hold of your sales dynamic and working it effectively, regardless of where the economy trends.
Market Thrifty, Sell Strong
Stop blowing money on marketing ideas that don't work! Determine the most effective way to promote to customers while saving money. No need for an expensive campaign, just an intelligent one that's enacted. Properly link the marketing with your sales focus and have them team up to be even more effective. The how to's of doing just that.
Educating Your Customer
Do you have a strategy, system or format to educate your customers on making the best bidding choice? Probably not. You most likely put more effort into getting your "number" than getting your customer. An educated customer is the best customer. It's your job to teach them how to make the best choices in your trade.
Common Errors in Construction Selling
Contractor after contractor make the same mistakes day in and day out. Repeating ineffective selling behaviors will contribute to scratching and clawing for every job. Being untrained, nervous or shy should not be a barrier to success. A few good practices can alleviate the pressure. We will point out many regularly made errors and present counter methods to eliminate them.
Seminar Logistics:
Seal the Deal Seminar
May 7, 2009
Quality Inn Amphitheatre (next to Syberg's on Dorsett)
2434 Old Dorsett Road, Maryland Heights, MO 63043
8:00 a.m. - Noon
(registration begins at 7:30 a.m.)
Continental breakfast included.
Cost: $50 ASA Members; $65 Non-Members
Reservations due before May 1, 2009
NO SHOWS WILL BE BILLED!
Contact Reba Gillick to register
reba@asamidwest.com
(April 2009)
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ODonnell, Bonebrake & Co., P.C.'s Peer Review
Our firm is required to have a Peer Review performed every three years. The definition of a Peer Review is a review of the auditing and accounting practice of a CPA firm by another CPA firm. The purpose of a Peer Review is to assure that quality controls are being applied in conformity with American Institute of Certified Public Accountants (AICPA) Quality Control Standards.
The accounting firm of Troutt, Beeman & Co., P.C., Certified Public Accountants of Olathe, Kansas reviewed our firm. After reviewing our procedures, Troutt, Beeman & Co., P.C. has concluded that we have met all necessary standards to be in conformity with AICPA Quality Control Standards.
Their report in part reads "In our opinion, the system of quality control for the accounting and auditing practice of ODonnell, Bonebrake & Co., P.C. in effect for the year ended April 30, 2008 has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards."
ODonnell, Bonebrake & Co., P.C. is committed to serving our clients with quality service.
(March 2009)
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Required Minimum Distribution Relief in 2009
Karen Davis, CPA
Tax laws generally require individuals with retirement accounts to make withdrawals based on the size of their account and their age every year after age 70 1/2. This rule is intended to prevent wealthy individuals from using retirement accounts as a tax shelter.
Any individual who fails to take a required minimum distribution (RMD) is heavily penalized by the IRS, which taxes the amount not withdrawn at 50%. The new law suspends the required minimum distribution from retirement accounts in 2009. This waiver, which is available to everyone regardless of their total retirement account balances, applies to all defined-contribution plans, including 401(k), 403(b), 457(b), and IRA accounts. Suspending the mandatory withdrawal allows retirees to keep the money in their account if they choose, and possibly recover some of their losses.
Deductions for Energy Saving Home Improvements
Two tax credits are available for taxpayers who make energy saving improvements to residences. They've both been extended by the new law and expanded as well:
(1) A generous tax credit is available to individuals who add solar energy equipment or fuel-cell equipment to their residences. The new law extends this credit through 2016. It also liberalizes the credit in an important way: For 2008, you can claim a tax credit of 30% of the cost of equipment that uses solar energy to generate electricity (photovoltaic property), up to a $2,000 maximum tax credit. For example, suppose you spend $8,000 buying and installing solar heating panels on your residence. If you make the improvement this year, you may claim a maximum credit of $2,000 but if you make the improvement next year, you may claim a credit of $2,400 (30% of $8,000).
Additionally, starting with 2008, the new law makes the credit available for more-exotic energy generating/retaining equipment: wind turbines; and geothermal heat pumps.
(2) For equipment installed before 2008, you could claim a credit for the cost of buying an assortment of energy saving improvements and installing them in your main home. The credit depends on the type of improvement (e.g., 10% of the cost of energy efficient building envelope components, such as insulation and windows, and an up to $150 credit for a natural gas, propane, or oil furnace or hot water boiler) and there's an overall $500 lifetime dollar limit for all home improvements.
The new law does not extend this credit for qualifying
equipment bought and installed in 2008, but it does make it available once again for qualifying equipment bought and installed in 2009. Also, for 2009, the new law makes the credit available for certain types of energy efficient biomass fuel stoves and certain types of energy saving asphalt roofs.
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Changes to Missouri's College Savings Plan
Karen Davis, CPA
On July 10, 2008 Governor Blunt signed into law changes to Missouri's College Savings Plan. College Savings Plans were established under Section 529 of the Internal Revenue Code, and are exempt from Federal and state income tax. Distributions from the Plan are also tax-free when used for qualified higher education expenses.
Under prior law, each spouse had to contribute $8,000 in order to get the maximum annual deduction of $16,000 on the Missouri return. The new law allows married taxpayers filing a joint return to deduct up to $16,000 of annual contributions regardless of which taxpayer made the contribution.
Also the law expands the tax deduction on the Missouri return to contributions to Non-Missouri 529 Plans. Thus taxpayers have the option to contribute to other state's qualified tuition programs and receive the same tax benefits.
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Standard Mileage Rate for 2009
The standard mileage rate will be lower for 2009 business driving. The rate drops to 55 cents per mile next year. The rate for medical travel and moving falls to 24 cents per mile in 2009, while the charitable rate remains at 14 cents per mile.
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