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SEPTEMBER 2003

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Business Driving:  Must it Exceed  50%?
Q.    Based on my driving history for this year, I'll drive about 16,000 miles in 2003. About 5,000 of those miles are for business (about 30%). For planning purposes, am I required to use the car at least 50% for business to deduct any expenses?
A.     No. Falling under the 50% limit won't erase your driving deductions. You can use the flat per mile deduction (36 cents per mile in 2003, plus tolls and parking) for any business driving. But if you're deducting your actual business car expenses (gas, repairs, etc.), you can claim only 30% of the otherwise allowable depreciation deduction if you're business use falls below 50%. So you definitely have some extra tax incentive to clear the 50% mark. For more advice, obtain a copy of IRS form 463, Travel, Entertainment, Gift and Car Expenses, at www.irs.gov/pub/irs-pdf/p2053.pdf

Understanding Roth IRAs
Q.   I opened a Roth IRA for the first time in 2002 (I'm age 32). I put $3,000 in my Roth, but it reduced my tax refund. Will this occur again if I make a contribution for 2003?
A.    No. You're a bit confused. Both IRA contributions don't affect your current tax liability. Your contributions aren't deductible, but you're withdrawals from the Roth IRA will be tax free if you hold on to the funds until you turn 59 1/2. Unfortunately for you, that's almost 28 years away. In contrast, contributions to a traditional IRA may be partially or wholly tax deductible, which would reduce your current tax liability. Note: You can split annual contributions between a Roth IRA and a traditional IRA, but the total contribution for 2003 can't exceed $3,000.

The End of Paper Savings Bonds
Q.   Even though inflation isn't high now, I'm thinking about buying Series I bonds to protect against this possibility. Did I hear correctly that these bonds were being eliminated?
A.    No. The US Treasury recently announced that it plans to eliminate paper savings bonds over the next few years. But it will continue to issue new savings bonds, including Series I Bonds. These bonds accumulate interest on a monthly basis. Their earnings reflect a fixed rate for the entire 30-year term as well as an inflation adjustment every six months. Series I Bonds purchased before Nov. 1, 2003, will earn 4.66% for the first six months of the investment. Note: As with Series EE Bonds, you can report accrued interest from I Bonds annually or pay the full amount of tax in the year of maturity or disposition.

Section 179 Write-off Can't Exceed Income
Q.    After deducting the business expenses from my sole proprietorship, I report about $80,000 of net income a year. I'm a bit confused on the new Section 179 rules. If I buy new equipment for my business costing $100,000, can I deduct the entire amount?
A.    No. It's true that the new Section 179 election approved in the new tax law allows you to write-off up to $100,000 worth of qualified equipment bought in 2003, 2004 and 2005. That's four times the allowance under previous law. But, as was the case before, the amount of the Section 179 write-off can't exceed the amount of your taxable income from the business-in your case $80,000. The good news: Any excess can be carried over indefinitely to future years. Note: The section 179 allowance reduces dollar-for dollar for assets costing above $400,000.
Source: Research Recommendations

File a Gift-Tax Return Even When It's Not Required

To escape IRS claims that you've low-balled your gift valuation, it's often wise to submit an independent appraisal with your gift-tax return. What's more, you may want to file a gift tax return even when it's not necessary. Here's why:
This year, you can give away up to $11,000 worth of assets per recipient per year, free of gift tax, under the annual gift-tax exclusion. With 2 children, 2 sons-or daughter-in-laws and 4 grandchildren, you can give away up to $88,000 a year, and so can your spouse.
You won't have to file tax returns for gifts covered by annual gift-tax exclusion. If you're giving away hard-to-value items such as real-estate or shares in a family business, file gift-tax returns anyway, with full disclosure. That will start the clock running on the 3 year statute of limitations. If you don't file gift-tax returns, the IRS has no limits on its ability to challenge those gifts and impose higher taxes.
Source: Research Recommendations

Switch to Cash-Method Accounting; New Rules Make it More Possible

 Using the cash method of accounting is usually a great idea-when its allowed. Your tax recordkeeping is much simpler and you have great flexibility to manage your tax bills by timing the receiving income and payment of expenses. Now, more businesses than ever are eligible. Here's the deal:

Gross receipts under $1 million. If your company's average annual gross receipts (based on 1999 to 2001) are below $1 million, you're now eligible to use cash-method accounting on your 2002 return. This is true even if you sell merchandise or maintain inventories. Previously, the IRS tried to force less-beneficial accrual accounting on firms that sold merchandise or kept inventories.
Gross receipts between $1 million and $10 million. If average annual gross receipts (based on 1999 to 2001) fall in this range and your firm is not a C corporation, you can still use cash-method of accounting for 2002. (Average receipts for a C Corporation cannot exceed $5 million). This special exception is unavailable to mining, manufacturing, wholesaling, retailing, publishing and sound-recording operations.
Strategy for 2002 return. If your business qualifies, make the switch starting with your 2002 return. To make the accrual-to cash switch, file form 3115, Application for Change in Accounting Method.
Source: Research Recommendations 

Section 179 Deduction: Know the Ground Rules

The new section 179 rules let you write off up to $100,000 worth of business equipment bought each year. But remember this key point: Your annual Section 179 deduction can't exceed that year's net business taxable income from all sources (calculated before the Section 179- write-off).
This rule prevents taxpayers from claiming giant Section 179 deductions in an effort to create tax losses that are carried back to earlier years.
The good news: If you run your business as a sole proprietorship or as a single-member LLC, you can count any salary that you earn as an employee as additional business taxable income. And if you're married and file jointly, you can also count your spouses earnings as an employee or self-employment income.
Also, the law says your Section 179 deduction is reduced dollar for dollar once your qualifying purchases top $400,000 for the year.
The old-law phase out threshold was only $200,000. The new law doubled the threshold for tax years beginning 2003, 2004 and 2005.
Example: Say your business buys $460,000 worth of Section 179 equipment during 2003. Your maximum Section 179 deduction would be reduced to only $40,000 ($100,000 minus $60,000)Source: Research Recommendations

Caution  Do not adopt any of our recommendations without consulting a tax professional

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WHICH TAX RECORDS TO SAVE?THE NEW JERSEY BUSINESS TAX REFORM ACT REAP DEDUCTIONS WITHOUT LOSING ANY PROPERTY