OTHER ITEMS TO CONSIDER

 

$250 Above-the-Line Deduction For Teachers.  For 2002 through 2005, if you are an eligible educator you will be able to deduct as an above-the-line deduction (deductible even if you don’t itemize) up to $250 of your qualified classroom expenses. Your qualified expenses include books, supplies (other than non-athletic supplies for courses in health or physical education), computer equipment (including software and services), other equipment, and supplementary materials.  Planning Alert!  To be an eligible educator you must be a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide working at least 900 hours during the school year.

 

Adoption Tax Credit. If you are considering adopting a child, the adoption tax credit may substantially reduce your tax bill. This year, you may be entitled to an adoption tax credit for qualifying adoption expenses of up to $10,390 per child. Also in 2004, the adoption credit is phased-out as your modified adjusted gross income increases from $155,860 to $195,860. Tax Tip. If you finalize the adoption of a special needs child in 2004, you may receive the full adoption tax credit of $10,390 even if this is more than your adoption expenses. This credit for the excess of $10,390 over your actual expenses is allowed only in the year the adoption is finalized.

 

Foreign Adoptions. If you are adopting a child who is not a citizen or resident of the U.S. when the adoption commences, you are allowed the credit only if, and when, the adoption becomes final. The IRS has recently released guidance on when a foreign adoption becomes final.  Call our firm if you need more information. Planning Alert!  Your adopted child must have a taxpayer identification number (TIN) for you to take the credit. A child’s Social Security number is normally the TIN. If, after reasonable efforts, you are unable to obtain a Social Security number for the child, you can apply for an adoption taxpayer identification number by filing a Form W-7A with the IRS.

 

 

 


Clean-Fuel Vehicles Deduction.  If you purchase a new qualified clean-fuel auto (certain automobiles adapted to run on clean-burning fuels), you may take a $2,000 above-the-line deduction, whether or not you used the vehicle in your business.  The IRS has certified the following vehicles as qualifying for this $2,000 deduction: the Toyota Prius (for model years 2001, 2002, 2003, 2004 and 2005), the Honda Insight (for model years 2000, 2001, 2002, 2003, and 2004), and the Honda Civic-Hybrid (for model years 2003 and 2004).  Tax Tip.  Please let us know if you have purchased any of these vehicles during 2004 or a prior year, so we can make sure you get this deduction.

 

Moving Expenses.  If you had a job-related move in 2004, you may be entitled to deduct unreimbursed moving expenses. Deductible moving expenses only include: (1) moving household goods and personal effects from your former residence to your new residence, and (2) travel costs (including lodging during the travel) from your former residence to your new residence.  Tax Tip.  If your employer reimburses your moving expenses, provide your employer with proper documentation of the moving expenses. Otherwise, the IRS says employer reimbursements should be included in your Form W-2.

 

Social Security Numbers For Dependents.  All dependents must have a social security number, even if they are born as late as December 31, 2004. If you don't include a valid social security number for a child (or other dependent), the IRS can disallow tax benefits relating to that dependent, including the dependency exemption, child tax credit, dependent care credit, adoption expense credit, HOPE scholarship credit, Lifetime Learning credit, earned income credit, as well as the exclusion from gross income of employer‑provided adoption assistance payments. If you do not have a social security number for your dependents, please apply to the Social Security Administration for the number using Form SS-5, which  can be obtained from any office of the Social Security Administration.

 

Penalty For Under-Withholding Or Under-Estimating.  One way to avoid a penalty for failing to pay or withhold sufficient income taxes for a tax year is to pay 100% of your prior year’s tax liability in quarterly estimated payments or through income tax withholding. Planning Alert!  If your 2003 AGI was over $150,000, you must pay in 110% of your 2003 tax liability to qualify for this safe harbor in 2004. Tax Tip.  If you have not paid sufficient estimates to avoid an underpayment penalty for 2004 and you have wages subject to withholding, you may have additional amounts withheld from these wages on or before December 31, 2004. Any withholding for 2004 is deemed paid equally on each quarterly installment date for estimated tax purposes, even if the withholding occurs in December.

 

Tax Court Finds Taxable Portion of Non-Taxable Physical Personal Injury.  Generally, damage awards for a physical personal injury are fully tax free (except to the extent allocated to punitive damages).  So, for example, damage payments to a taxpayer for medical malpractice or a negligent car accident are typically tax free.  However, in a recent case, the Tax Court held that a professional photographer who was intentionally kicked by an NBA basketball player during a game, and received a $200,000 settlement for his Aphysical@ personal injury, must pay tax on a portion of the settlement agreement.  In the settlement, the photographer expressly agreed not to disclose the terms of the settlement. The Tax Court held that the portion of the damages that could be reasonably allocated to the non-disclosure provision were taxable, even though the original claim constituted a physical personal injury.  Tax Tip.  If you anticipate receiving any settlement or lawsuit damage awards for a physical personal injury, make sure you obtain competent tax advice before agreeing to the structure of the settlement.  Any damage allocation to punitive damages or non-disclosure agreements will be fully taxable.  Feel free to contact our office if you need more information on damage award allocations.