Tax Reform

Post Tax Reform: Year End Tax Planning Edition Recap

by
Lee Reams II
on
10/23/2018
Post Tax Reform: Year End Tax Planning Edition Recap

Welcome to the October edition of #TaxBuzzChat. With tax reform, tax planning has become more complicated than ever. With this Twitter chat, we tackled planning issues brought on by new tax law. Our expert contributors include some of the most respected, Enrolled Agents, CPAs, Attorney and tax professionals from across the US.  

Issues we are tackling today:

  • Tax reform and how it affects diverse and taxability of alimony. 
  • What is reasonable compensation and why taxpayers should tread lightly?  
  • How are tax professionals working with clients with pass-through entities and Sections199A? 
  • Are SALT workarounds worth it and are they working? 
  • Are crypto traders disclosing their holdings to the IRS? 
  • How you use retirement savings to affect your tax liability. 
  • And much more.  

Thank you to all of our participants, check out some of the highlights below. We would love some feedback of topics or questions you want us to cover next. Feel free to email your ideas. Just add TaxBuzzChat in the subject line of your email. 

A1. This is a huge problem, as evidenced by the thousands of emails from the IRS warning everyone to do a paycheck checkup. I would say many will be underwithheld. #TaxBuzzChat

A1. No horror stories - they will come on April 15th. #TaxBuzzChat

A1: So far have mainly been limited to the IRS withholding calculator. No adventures yet, but tax planning next month and December should be interesting. #TaxBuzzChat

A1, Contd: My Lacerte software gives a comparison of 2017 income using 2018 rates and deductions - 90% of my clients reviewed and discussed during 2017 tax preparation. #TaxBuzzChat

Crazy how many still have not gotten the message. Great that #tax pros are on this issue proactively. #TaxBuzzChat

That has been a common report. #TaxBuzzChat

Married couples decent earnings, 3 kids, and right about at the $24,000 itemized / standard deduction anyway. Brake even or ouch, but no more large refund. #TaxBuzzChat

Love seeing the proper use of social media. Just another communication funnel. Nice work! #TaxBuzzChat

A1: It's like the bad news bears over here. Yep, you are not withholding enough, and you now only have 10 weeks to catch up. #TaxBuzzChat

Yes, the IRS really created a mess with the withholding tables and should have done a better job. They just wanted to increase take-home pay to make the tax cuts look better.

A2. Any chance that employer begins an expense reimbursement program to reimburse employees on tax-free basis? Helps employees in a tight labor market. #TaxBuzzChat

A2)My firm gave an analysis of tax options for my current clients when they picked up their 17' returns. Clients w/ employee expenses were presented w/ what if scenarios if they stayed

employees or changed their employment classifications w/ the pros and cons of each #TaxBuzzChat

Establishing an accountable plan is the best strategy to mitigate the discontinuance of employee business deductions under the new tax rules #TaxBuzzChat

Most of my clients who tried this got a small percentage or an outright no to reimbursements. Without a passthough they are going to lose most of those deductions.

A2) Have a talk with the employer to get reimbursed for their expenses or to find a way to have the employer pay the expenses out right. At the least, plan on not deducting these expenses going forward.#TaxBuzzChat

A2. Can we fit you into the statutory employee definition (deduct expenses on Schedule C)? Or become an independent contractor under common law rules? #TaxBuzzChat

A2. Act Now and:

1st: Quantify previous deductible expense, by year, and then estimate the impact of the lost expense

2nd Discuss with the person who hired you and if they are open, explore opportunities to create a Win/Win - pay you less & pay your expenses?#TaxBuzzChat

A2. I've suggested that they talk to employers about reimbursing these expenses. Let employers know that these expenses can be deducted by them as business expenses. A lot of clients are shocked that they no longer get to deduct these expenses. #TaxbuzzChat

#taxbuzzchat A2. I warned those folks last April to adjust their withholding. I don't know if any of them listened. I also told them to still keep records in case things changed.

A2: This was certainly a benefit to some, but many of the returns I've seen from DIYers or even other accountants, is many were double dipping anyway. Plus, just makes "simple" 1040 returns more complicated. #TaxBuzzChat

A2: Many of my clients are in entertainment and I will have about 6 new S Corporations next year - using reasonable compensation and deducting expenses though the entity will offset the cost of the corp and give some payroll flexability. Passthrough entities work. #TaxBuzzChat

A2. Negotiate an accountable plan with the employer so they can get tax-free reimbursement even it means adjusting wages to compensate. #TaxBuzzChat

A2 - S-corp s/h/only employee uses personal car for work (insurance salesman) - now reimbursing himself from s-corp for business mileage - 2106 still available to employees who are reimbursed for expenses #taxbuzzchat

A3. Proactively consult with them on 199A opportunities. Be honest upfront and explain that fees could go up due to complexities surrounding QBI. #TaxBuzzChat

A3. Feel sorry for practitioners that deleted items from depreciation schedules once fully depreciated. May have to back a few years and add them back for the 199A qualified property computation. (2/2) #TaxBuzzChat

A3. It depends upon their taxable incomes (TI). If they are under the TI thresholds they should not require much additional time especially if from K-1s. The draft 2018 K-1s provide all that is needed. Anything else is a different story. (1/2) #TaxBuzzChat

A3. All of the above - the TCJA created 199A and everyone believes they will get it. Combined with changes to depreciation and other factors - this one is perhaps the most complex of all tax provisions. Complexity translates to one thing - larger fees. #TaxBuzzChat

Are they receptive to fees going up part? Pitching it as the value in total tax saving would seem to communicate it. Talking big dollars for many clients. #TaxBuzzChat

Very true. Clients below the taxable income threshold will require much less. #TaxBuzzChat

A3. Tax Planning, post tax reform. will vary by client entity type and income level. Yesterday, I helped a new client learn about Estimated Taxes and identified changes between 2017/2018 so he can plan for year-end financial needs/activity. Seize the Moment. #TaxBuzzChat

A3) We've been trying to keep in touch throughout the year. I am trying to get as many scheduled before year-end as I can.#TaxBuzzChat

A4) We really haven't had client with #crypto yet. I'm actually surprised and making sure the staff know how to handle it because it will show up sooner rather than later.#TaxBuzzChat

A4) Many just supplied a bank statement of the debit cards they used and misunderstood gains. After a discussion all were able to produce spreadsheets from their accounts reporting gains/losses. (2/2) #TaxBuzzChat

A4: Had one person who sold their purchased cryptos in 2017, many others sold in 2018. Lots of capital loss carryovers🙄. Spidell says put line in your engagement letter regarding crypto information. #TaxBuzzChat

#taxbuzzchat A4. I have a few cryptocurrency clients and they seem to be all over the map. One is very organized, great records. The others, not so much.

Me, too. There's a lot more going into my engagement letters this year!#TaxBuzzChat

A5: Three strikes are you out. For those not willing to play by the rules, we don't want to prepare your return. For the rest, let's have some fun with this... there is so much room for tax planing with compensation and S corps. #TaxBuzzChat

A5) I actively discuss with all my client's reasonable compensation well before tax reform. I explain the importance and ramifications of aggressively low wages. As a preparer that offers personal service my clients trust and use estimate I suggest. #TaxBuzzChat

You've got a great point here. Tax preparers have to be able to let go of clients who aren't willing to follow the rules. There's too much exposure for our own careers to get involved with questionable clients.#TaxBuzzChat

I tell them its the insurance. We can't afford high insurance premiums, so we don't take on the extra risk. #TaxBuzzChat

A5) I haven't had any pushback with my S Corps. I think they set them up knowing about reasonable comp so there really haven't been any need to make changes in 2018.#TaxBuzzChat

A5: I try to calculate using RCR Reports for many S Corp clients during year end planning in December - calc bonus to get in the window - others push, so tell them you don't want to be audited for reasonable comp going forward - 199A deducts will increase them. #TaxBuzzChat

My clients seem okay with it because I've pushed it forever. Meeting with new clients - they think I'm crazy. "What do you mean I need to pay a salary with my S corp?" (I'm doing new client interviews this month - I didn't realize how many S corps have no wages!)

A5 - sensitive subject. Have informed clients with large, extremely 'reasonable' salaries ytd to stop, or decrease salary through year-end. IRS has not issued guidance identifying relationship between s-corp s/h salary and pass-through (or portion of w-2 wages) to my knowledge

A5. Reasonable compensation is tough issue now that we have Sec 199A. Some think they can adjust it maximize the 199A deduction and minimize FICA taxes. Not so, it is determinable number although complicated. #TaxBuzzChat

A6: Well, you lost your personal exemption, and you can't deduct the dog any more. But, the good news is that your standard deduction has almost doubled. #TaxBuzzChat

#TaxBuzzChat A6. What? We can't deduct our dogs anymore? 😀

A6. All those that itemized in 2017, should compare that total to the 2018 Standard Deduction. It is instantly apparent which may produce the best result for 2018. Bunch were possible. Also Schedule C should really plan ahead. Buy equipment now or next year? #TaxBuzzChat

A6. There can't be any surprises in this area! Some of the deductions they love and cherish may not make a difference! #TaxBuzzChat

A6. Well, I am California and of course CA has not conformed to TCJA, so clients will still be itemizing for CA even if they are not for federal. #TaxBuzzChat

A6: Still give me everything you gave me before. Because many states (CA especially) haven't conformed to TCJA, standard deduction fed and itemized state is going to be a lot more common, so it is not going to be easier! #TaxBuzzChat

A6) Some clients benefit but a lot are disappointed. The $10K limit on prop tax deductions has really irked some of my clients.#TaxBuzzChat

A7: Can you really say "Work-around schemes" without raising your eyebrows? #TaxBuzzChat

A7. IRS said that they wont allow states to dictate to them federal tax law. Texas has high property tax and sales tax deductions will put most over the limit. Important to note business taxes, Office in Home, E, C and F schedules are unaffected by the SALT limit. #TaxBuzzChat

That just sounds so much better. #TaxBuzzChat

In Arizona, clients really unhappy about IRS proposed regulations - no charitable deduction for Arizona $1 for $1 tax credit programs. #TaxBuzzChat

A7) Since TX didn't have time to implement these schemes, luckily I haven't had to disappoint any clients who fell for the schemes.#TaxBuzzChat

A8) Maybe I'm just lucky but I haven't had any clients who needed advice with divorces, yet. #TaxBuzzChat

Maybe once they find out that one has been hiding their cryptocurrency from the other. #TaxBuzzChat

#taxbuzzchat A8. I messed up on my previous answer. I've had to back away from a couple of clients about the divorce issue. And for a couple of others I did a "conflict of interest" statement. It sort of depends on the situation, but it's a dicey subject.

A8: Millennials are solving this problem by staying married longer now. Also how can you advise, my guess is you usually don't get to talk to both parties. #TaxBuzzChat

A8: Just warning alimony on new divorces not deductible or taxable & all need to take into account when settling. If both of them still want to work with me, I always get signed statement that both accept there is no conflict of interest or will only work with one. #TaxBuzzChat

A8. I teach taxes, and get blank stares from students when I suggest this new alimony law presents with a potential conflict of interest. If you advise one then you must contact the other with information about the change. #TaxBuzzChat

A8. Circular 230, Federal Code of Regulations is specific about a potential for conflict of interest and the rules regarding such continuance of engagement when the "potential" exists. The greater issue may be "unauthorized disclosure" when taxpayers divorce. (3/3) #TaxBuzzChat

A8. Is 2018 the year of the divorce? #TaxBuzzChat

A8. Is 2018 the year of the divorce? #TaxBuzzChat

A* - sign the order before 12/31/18! #taxbuzzchat

#taxbuzzchat A9. I generally don't give "investment" advice, just tax advice. So I run the numbers a few ways for my client based on taxes. I'm a big fan of the solo 401K for the people that it works for, but it's not for everyone.

That is pretty much what we do. Any investment questions get sent to their investment adviser. We'll work with them but we won't give investment advice.#TaxBuzzChat

A9: Safe Harbor 401k, just seems like such a beautiful vehicle. But, with so many options it has to be based on the needs of the business owner. #TaxBuzzChat

A9 - we also do not give 'investment advice' - indiv 401K potentially offers larger contribution (employee deferral+match), roth and loan components, with higher admin fees #taxbuzzchat

A9: I will briefly discuss the plans and go over why most times roth components of 401Ks and roth IRAs can generate significant long term tax savings in exchange for short term pain of nondeductible contributions. (1/2) #TaxBuzzChat

A10) None of my clients have thought it was a good idea to tap the funds before college. They definitely don't see it as a way to send their kids to private primary schools.#TaxBuzzChat

A10: Arizona gives you a small tax deduction for contributions to 529 plans but real savings comes from years of tax-free accumulation. If you withdraw for grammar school, the time horizon for tax-free growth is short. #TaxBuzzChat

A10: Recent client forewent Sec. 529, and used educational assistance $5,250 exclusion through corporation for employee. #TaxBuzzChat

A10. Unfortunately, any benefit to be derived from Sec 529 plans requires front-loading the contributions, something that benefits the wealthier. Tapping it for grammar school and even high school defeats that purpose. (1/2) #TaxBuzzChat

A10. Don't overlook the gift tax exemption when tuition is paid directly to school. Well-to-do grand parents and rich uncles can pay the tuition directly, regardless of the amount, without any gift tax issues. (2/2) #TaxBuzzChat

#taxbuzzchat A10. Here in Missouri, you can deposit up to $8,000 in a 529 plan tax free and take it out almost immediately so some people are using it as a quickie tax break for non-college tuition.

#taxbuzzchat A10. Here in Missouri, you can deposit up to $8,000 in a 529 plan tax free and take it out almost immediately so some people are using it as a quickie tax break for non-college tuition.

A10. Most of my clients with 529 plans want to leave the money for college. They see that as a bigger benefit/payoff then using the money to pay for grammar school. #TaxbuzzChat

A10: For me the question has not really come up. You are talking about more short term funding strategies - I really feel use a savings account or CDs to fund these items - the savings on these are hardly worth it. 529s I like better for college #TaxBuzzChat

A11: It is, but you're altering the natural tendencies of human habits, and that is going to be tough. I recommend @expensify or @1_tap_apps to capture those expenses in one spot. #TaxBuzzChat

A11. I would certainly think so especially for those that make substantial charitable contributions every year. Do a little planning and make the contributions in Jan and Dec one year and skip the next. #TaxBuzzChat

A11) I reach out to my clients every year and remind them if they had a particularly profitable year to consider accelerating asset purchases if they were considering waiting to the new year. #TaxBuzzChat

A11. Absolutely, bunching deductions is important in determining year end tax planning - if you want to save tax dollars.

Perhaps, alternate when possible: Standard Deduction 1 year; itemize the next.

Determine strategy now, when there is time to make a difference.#TaxBuzzChat

#taxbuzzchat A11. Definitely bunching deductions. Especially charities and medical expenses.

A11) Bunching only helps if you can bunch medical or charitable expenses. Most of my clients were bunching property taxes but now that's gone. It will be beneficial to continue bunching but they won't see as much bang for their bunch!#TaxBuzzChat

A11. Basically bunching is now just for medical and charitable deductions as bunching for taxes would be limited by SALT. Taxpayers hate to loose but hate even worse the uncertainty of owning taxes at the end of the year. #TaxBuzzChat

A12: What do you mean, I thought it was all meals now? Wink Wink!

They don't like it... especially for those in the entertainment industry. #TaxBuzzChat

#taxbuzzchat Some of my entertainers are calling it research and development - which, for these particular clients - it really should be labeled that way.

A12. Altered accounting systems to account for disallowed entertainment and allowed business meals. #TaxBuzzChat

A12. Only a few who buy season tickets to the Dallas Cowboys were affected. Mostly concerned with the loss of meal deductions, taxpayers were "shocked" the rules had not changed and they needed to have a meaningful business conversation to expense 50% of the meal. #TaxBuzzChat

A12) Luckily the regs came out to support what we expected so there haven't been any real surprises. Mostly just relief because I had warned them it could be much more limited once we got the IRS guidance,#TaxBuzzChat

A12-less club box seats purchased in 2018-will be interesting to see if charitable conts decrease due to increase standard deduction #taxbuzzchat

A12. I believe not calling business meals entertainment is politically motivated. A close CPA friend of mine and professor emeritus of taxation had a personal conversation with the author of Notice 2018-76 and that is the impression he came away with. (2/3) #TaxBuzzChat

A12) Some have considered "sponsoring" entertainment events, rather than purchasing tickets to an event and giving them to clients. (2/2) #TaxBuzzChat

A12. I haven't seen much change in behavior with business owners regarding business meals #TaxBuzzChat

Another exceptional hour with @taxbuzzonline and the great professionals that joined in. Amazing how quick it goes by.

Thanks, see you next month. #TaxBuzzChat

That was fun and fast as usual. Thank you for hosting and for providing a series of great questions.

I love this community and you started it. It helps us learn about tax and each other.

Kudos!#TaxBuzzChat

— Deborah Fox, CPA (@DebFoxFinancial) October 24, 2018

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Lee Reams II

Lee Reams II

CEO

I am a tax and business news junkie who has spent the last 20 years developing and executing "best in class" word-of-mouth marketing campaigns for tax and accounting professionals. With TaxBuzz and CountingWorks we have taken that same commitment to quality content directly to the consumer. Keeping you up-to-date with the latest tax law changes, business growth tips and planning strategies to help you reach your best financial outcome.

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