Charitable Contributions of $250 or more

A donation of $250 to a charity in any one day requires that the charitable organization give you an acknowledgement letter which must state if you received anything of value in exchange for your contribution. The acknowledgement must be received by the taxpayer the earlier of the filing date of the return or the extended due date. There is no going back to the charity for a letter when your return gets picked for an audit two years later. You may want to reconsider monthly contributions where the amount donated is less than $250 but add up to more than $250 for the year. The charity is not required to give you an acknowledgement letter in that situation, but it may be helpful in an audit to have one.

Cash is Always Taxable

If you receive cash, gift cards, gift certificates, or any cash equivalent item from your employer, it is taxable and should go through payroll and end up on your W-2. De mimimus fringe benefits such as holiday or birthday gifts such as a turkey, coffee or soft drinks, occasional use of office equipment, and occasional sports or theater tickets are not taxable to employees.

2018 Estate and Gift Tax Exclusion

In 2018 the estate and gift tax exclusion increases to $11,180,000 from $5,490,000 in 2017. The exclusion is indexed for inflation each year until 2025. On January 1, 2026 the exemption reverts back to the 2017 level. The highest marginal rate for estate and gift tax is 40%. The annual gift exclusion is now $15,000 which means a gift tax return should be filed reporting the taxable gift but no tax is due by the donor until lifetime taxable gifts exceed $11,180,000. I believe that gift tax returns are not required when gifts of less than $30,000 are paid out of a joint account.

How Long to Keep Tax Records

Right now in 2018 you should have all the supporting records for tax return years 2014 through 2017. I also advocate that you keep your tax return copies forever. If you discard the supporting records for the older years,  then it should not take up too much space. Other than that here are just some general guidelines:

1. Brokerage statements:Just keep the most recent month.
2. Bank statements: Keep only those that support items on the tax return for the current year and the last 4 years.
3. Closing statements on real estate transactions: Keep until the property is sold and store with the tax return in the year of sale.
4. Credit card statements: Keep only those statements that support items on the tax return for the current year and the last 4 years.
5. Business assets: Keep records of purchase transaction until sold or disposed of and store with the tax return in year of sale or disposal.

The New 20% Deduction Continued- Anti Abuse Rules

The anti abuse rules of the new 20% deduction for pass through businesses don't kick in until your taxable income is over $157,500 single or $315,000 married. So if you have qualified business income and your taxable income is under these amounts, you can take the 20% deduction. One limiting factor is that the deduction is limited to the lesser of 20% of qualified business income or 20% of taxable income less net capital gains. If your taxable income is greater than $157,500 or $315,000 then the anti abuse rules come into play. Specified service businesses such as law, accounting, health, actuarial science, performing arts, consulting, athletics, financial services or any trade or business where the principal asset is the skill of one or more employees have the 20% deduction phased out over the next $100,000 over the $157,500 and $315,000. Note that architecture and engineering companies are not included in this limitation. The government is trying to encourage the building trades. If you are not a specified service business and have taxable income over the thresholds, then your deduction can be limited to the greater of 50% of W-2 wages or 25% of W-2 wages plus 2.5% of the unadjusted basis of tangible depreciable property.

The New 20% Deduction Continued

There is a taxable income limit on the new 20% of qualified business income deduction. If single, your limit is $157,500 and joint is $315,000. The anti abuse rules limiting the 20% deduction only kick in above these amounts. So if your taxable income is under these amounts the full 20% deduction applies to your business net income. Then the rest of your business income including wages is subject to up to a 37% tax rate. I will discuss the anti abuse rules limiting the 20% deduction in my next tax blog.

The new 20% deduction for Qualified Business Income

How can you take advantage of this new rule and what does qualified business income mean? Now is the time to start that side business you always dreamed of when you had the time as the new deduction takes effect in 2018. The new law requires that qualified business income be earned in a qualified trade or business. The IRS defines a trade or business as any activity carried on in the production of income from selling goods or providing services. Section 162 of the Internal Revenue Code requires that the business be regular, continuous, and substantial which is a higher standard. In the absence of further guidance from the IRS and the courts which I'm sure is coming soon, I believe that schedule C profit or loss from business, schedule E page 1 rental income, schedule F farm income, and K-1's from non passive activities all are qualified business income eligible for the 20% deduction. No portfolio income from K-1's such as interest, dividends, or capital gains is eligible however except for qualified cooperative dividends, qualified real estate investment trust dividends, and qualified publicly traded partnership income.