InnOvation Capital & Management, LLC
IntelDigest
LAW – POLICY – FINANCE – MARKETS
INFORMATION FOR THE ENTERPRISE AND INVESTOR
DECEMBER 22 , 2018
Contact Richard Power with comments or questions. IntelDigest is intended for the use of our clients and colleagues. Material may not be reproduced, forwarded or shared without express permission.
We have devoted the December issues of IntelDigest to Year-End matters and planning, with relation to both investments and taxes. Please feel free to review the earlier discussions in the December 8 and 15 issues.
Major tax changes were introduced by the legislation pushed through one year ago by the Republican-controlled Congress. It is more important than ever to understand how the new tax law affects you; a misstep in the timing of taking income or deductions can cost thousands of dollars in extra taxes.
Here are more moves to consider before 2018 comes to an end:
Harvest Investment Losses
NOW is your last chance to sell securities and have the gain or loss counted in 2018. It takes several days for such sales to settle, and the settlement date controls whether the sale will pertain to your 2018 or 2019 taxes. Harvesting losses now can offset your capital gains for the year, and save on taxes.
Benefit Plans – Use It or Lose It
Before the year ends, make maximum use of your company benefit plans, such as 401(k) plans and flexible spending accounts (FSA). Contributions to 401(k) plans, by deferral or check, provide a tax deduction and allow you tax-deferred growth in the account. Where an employer makes an additional “matching” contribution to your account, it would be imprudent to “leave money on the table.” See the December 8 issue of IntelDigest for the contribution limits.
With respect to funds in flexible spending accounts, plan to use them (or lose them) immediately. Any funds not used by the end of the year may be lost.
Donations – Charitable Contributions
As discussed last week, you should make an estimate of your Itemized Deductions to determine if it would be better to make more charitable contributions in this year, or delay them until 2019. Because of the new, higher Standard Deduction, and new restrictions on some Itemized Deductions, many taxpayers may want to alternate Standard and Itemized Deductions from year to year. In that case, it is best to “bunch” charitable contributions in the years when total Itemized Deductions will exceed the Standard Deduction.
Donations – Give Appreciated Stock to Charity
Consider donating some appreciated stock to charity. This has the dual benefit of providing a charitable deduction for the full market value and avoiding taxes on the realized capital gain.
Donations – Gifts to Heirs & Family
Taxpayers can reduce future estate taxes through a regular strategy of gifting assets to their children or grandchildren (or others). An annual estate/gift tax exclusion of gifts up to $15,000 per person is available to all taxpayers. Before the year ends, be sure that you have taken full advantage of your annual exclusion.
In addition to direct gifts of cash or other assets, you can set up an educational savings account under Internal Revenue Code Section 529 (see below) or pay college tuition or medical expenses for another, as long as such payments go directly to the educational institution or medical facility.
Expanded 529 Plans for Education
The new tax law expands 529 plans to include primary and secondary schools, although there’s a limit to the amount that can be paid out every year for lower education. Taxpayers can now use such savings plans on behalf of their beneficiaries from kindergarten through college!
The original purpose of education savings plans was facilitating funding for college education. The assets in the special account grow on a tax-free basis. Then, the student/beneficiary can draw out money to pay for tuition, supplies, computer equipment, and, in many cases, room and board.
The new tax law has expanded the accepted use for these plans to include attendance in both primary and secondary schools. Qualified expenses at these levels include tuition and books, but not uniforms, transportation, or room and board.
The expanded coverage makes such tax-advantaged plans more useful to investors of all ages. Many have grandchildren and other beneficiaries who are in pre-school or primary school. For the expenses of primary and secondary education (K-12), funds in a 529 account can be used to pay for up to $10,000 each year per student.
Note that the treatment of such plans differs among the states. Each state has its own income tax rules regarding deductibility of contributions to 529 plans. And, some put restrictions on the amount which can be paid out for education expenses.
Most states have established 529 investment programs. Some programs require the student beneficiaries to use the funds only for public colleges in the state, while others allow the funds to be spent at any university in any state. Expansion of the federal 529 provisions to lower education introduces further complications to the matter.
Donations – Give RMD to Charity
We have previously discussed the possibility of making a charitable contribution from one’s RMD, the annual Required Minimum Distribution from Qualified Retirement Plans, including IRAs. And, we will analyze the advantages and disadvantages of such a strategy in the next issue of IntelDigest.
To wind up this issue, however, we will outline the basic strategy:
Taxpayers who have attained age 70½ are required to take an annual distribution from their retirement funds. The distribution is includible in gross income for income tax purposes. The rationale behind this requirement is allowing the government to collect some taxes from taxpayers who benefitted from tax deductions when plan contributions were deferred from salary or deposited by employers in past years.
By making a charitable donation directly from one’s RMD, a taxpayer can satisfy the RMD requirement AND avoid income taxes on the distribution.
Considering the complications introduced by the higher Standard Deduction and restrictions on Itemized Deductions, discussed above, this can be an effective way to get the benefit of a donation to charity without actually itemizing deductions.
More on this topic next week …. Happy Holidays to All!