Tax Planning

Chapter 11

“Tax Awareness”

(the key)

Tax PlanningIt’s legitimate “…. there is nothing sinister in so

arranging one’s affairs as to keep taxes as low as possible. ……… nobody owes any public duty to pay more than the law demands: taxes are enforced extractions, not voluntary contributions” (Justice Learned Hand, Comm. vs. Newman, 159 F.2d 848 [CA-2, 1947]).

Tax Planning The objective

“optimization”

Tax Planning and

Professionalism Tax Avoidance

Our objective Legitimate Legal

Tax Evasion Intent to defraud Illegal “Unrelated to a professional practice”

Tax Planning Open transaction

Not yet completed Practitioner maintains some degree of

control Closed transaction

“A done deal;” transaction completed Practitioner can only clean up the

mess

Tax Planning An anomaly The costs are deductible

By a business as a business related expense

By individuals on page 2, but is of limited use and value due to page 2 deduction limitations

The benefits are non-taxable This result is derived because the

tax/tax saving itself is not deductible/taxable

Tax Planning - Rates What we have to work with Proportional tax rate - XXXX Regressive tax rate - XXXX Progressive tax rate Marginal tax rate – subject’s rate

bracket Nominal Average tax rate – actual tax

liability / taxable income Effective tax rate – actual tax liability /

total income

Tax Planning Fundamentals

Avoid Income Recognition Postpone Income Recognition Change Tax Jurisdictions Control the Classification of Income Spread Income Among Related

Taxpayers

Tax Planning Remember the Client Must tailor to meet Client’s

Business or Profession Financial situation Personal matters or desires

Tax Planning Beware of the Traps

Statutory Tax Traps §482 – “In any case of two or more

organizations, trades, or businesses …… Owned or controlled by the same interests, the Secretary may distribute, apportion, or allocate gross income, deductions …… among such organizations, trades, or businesses …… is necessary to prevent evasion of taxes or clearly reflect income …… .” (emphasis mine)

Tax Planning Beware of the Traps (cont’d)

Judicial Tax Traps Business purpose Concept of Substance over Form

“What you do speaks louder than what you say”

Step-transaction Doctrine “Collapsing” several transactions into

several steps of a single transaction”

Tax Planning – Examples???? Loss property Gain property Fringe benefits Frequent flyer miles Charitable contributions (no

strings) Gain property

Tax Planning Examples (cont’d) Postpone/accelerate deductions Types of investment property Personal property taxes, charitable

contributions, interest, etc. Need cash? Borrow v. other sources Accrue salary Salary, rent, interest, v. dividend –

beware of reasonableness

Tax Planning Examples (cont’d) Passive losses – beware IRAs Accelerate income recognition –

when Remember Banker’s Life – great initial

thinking (but poor follow through Offshore

Tax Planning Examples (cont’d) Employee v. Independent

Contractor Hobby v. Business Dependants/Relatives

Examples Michael Jordan Owens Family Ballaergent Ford Others ???

Tax Planning Summary Again, “Tax Awareness” is the key But also remember the client

Must tailor to client”s Business or profession Financial situation Personal matters/needs

Postgraduate Education Expense Deduction Reg §1.162-5 Requirements – must

be incurred to Maintain or improve skills required in

profession or Meet the express requirements of

employer, or Required by employer as a condition

to retain present employment, status or salary

Tax Planning Reg. §1.162-5 Requirements Meaning - TP must currently be

employed, and is going to stay in that employment

Tax Planning Reg. §1.162-5 But, in spite of meeting

previous, requirements all is for naught if If the education is required to meet the

minimum requirements qualification in the TP’s occupation, or

It will qualify the TP for a new trade or business.

But Looking Further ……..The Journal of Accountancy, June

2002, . Was in a business Away for a temporary period Intended to return within a reasonable

period Intended to return to the same

profession, trade, or business. Will be considered as having continued

his/her employment, thus, as having been employed

Questions

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