IRS issues "state of celebration" rule for same-sex marriages

The IRS recently issued a ruling that will treat same-sex married couples the same as opposite-sex couples for federal tax purposes as long as the marriage occurred in a jurisdiction that recognizes same-sex marriages as legal. This ruling, known as the "state of celebration" rule means same-sex couples can live anywhere they like, and they'll be considered married for tax purposes as long as the marriage itself occurred where it was legal.

Employer health insurance requirement postponed

The health care reform law passed in 2010 included a provision that would require employers of 50 or more full-time employees to provide affordable health insurance to their workers or face steep penalties. That provision was scheduled to take effect January 1, 2014.

The Treasury Department has announced that the effective date of this provision will be postponed for one year. The mandatory employer and insurer reporting requirements and any penalties connected with them will be delayed in order to allow more time for companies to adapt to meet the requirements.

Business Alert: No penalty if you missed October 1 deadline

October 1 was the original deadline for employers to provide their workers with a notice about the state health insurance exchanges created by the Affordable Care Act. Failure to comply could have resulted in fines of up to $100 per day.

The U.S. Department of Labor recently announced that, while companies are required to provide the notice, there will be no fine or penalty under the law for failure to do so.

Don't get soaked by a wash sale

If you're planning to adjust your investment portfolio by selling some losing stocks at year-end, take a minute to review the wash sale rules.

A wash sale occurs when you sell a stock, bond, or mutual fund and buy the same or a substantially identical security within 30 days before or after the sale. When this happens, you're barred from deducting a tax loss on the sale. Instead, your cost basis of the new security is increased by the loss. 

Example: Say you sell 100 shares of XYZ mutual fund at a loss of $3 per share. A week later, you regret your decision and buy another 100 shares of XYZ fund. Your original loss of $300 will be disallowed, and you'll add the $300 to your cost basis in the new shares.

The rules apply to losses generated by transactions involving "substantially identical" stocks and securities, including mutual funds and stock or option grants you receive as part of your compensation. Whether one security is considered substantially identical to another depends on several factors. Generally stocks or bonds in different companies - even those in the same industry - are not substantially identical.

Be aware of a possible trap if you use an automatic purchase plan or dividend reinvestment plan. If these plans cause you to acquire more shares of a stock or fund within 30 days of a sale, the wash sale rules will apply to your sale.

Wash sales can also occur when you repurchase the security in your IRA, or when your spouse or a company you control does the buying.

How can you avoid a wash sale? You can avoid a wash sale if you make your purchase more than 30 days before or after the sale date. Also, you can buy shares in a different but similar stock or mutual fund without triggering a wash sale.

If you have questions about the wash sale rules, please call us.

Business tax reminder

As year-end approaches, don't overlook this option to reduce your business taxes for 2013: accelerated write-offs for business asset purchases. For example, the Section 179 immediate expensing deduction lets you write off the cost of assets you purchase and place in service this year, including vehicles, equipment, and software. For 2013, the maximum Section 179 deduction is $500,000. Another example is the "bonus" depreciation deduction, which allows you to expense up to 50% of the cost of new assets, including those that might not qualify for Section 179.

Got cash? Tips for financing a new business

All small businesses start with something in common: they devour cash. They need cash for inventory, office space, insurance, legal fees, business licenses, remodeling costs, and the list goes on. Because very few start-ups can secure equity financing from venture capitalists, most business owners must get needed cash from a combination of personal assets and debt. If you're thinking about starting a small business, here's a short list of financing sources to consider: 

* Personal assets. The advantages of tapping your own bank account are obvious. You don't have to pay the money back, you don't incur interest, and you don't have to grovel at a loan officer's feet. The disadvantages may not be as clear. Other priorities - college savings, retirement plans - can get shoved aside. So if you're going to use your own assets, set limits. Decide how much risk you're willing to incur, and don't deviate. 

* Friends and relatives. Convince your brother and golf partner that your idea is the greatest thing since sliced bread, and they may provide seed money for your new enterprise. If they lend you cash, be sure to set up a formal agreement spelling out the loan details (interest rate, loan term, payment schedule). And remember, many a family relationship and golf partnership have been ruined when a business fails and loans can't be repaid. 

* Home equity loans and lines of credit. Another possible source of financing, the equity in your house can often be tapped either through a fixed rate loan or a variable rate line of credit. These sources of financing tend to have much lower interest rates than credit cards or personal loans. The disadvantage, of course, is that your house is on the line. Fail to make the payments and you could face foreclosure. 

* Banks and credit unions. Financial institutions are often reluctant to lend money to businesses without a proven track record, especially in today's credit-challenged market. But that doesn't mean you shouldn't try. To increase your likelihood of success, take time to lay out a detailed business plan (a good idea whether or not you ever visit a bank), and be able to justify your business needs in writing. 

Other sources of start-up financing include retirement plans, grants, even credit cards. Remember to think through the amount needed and have a realistic plan for repayment. If you need help with these and other options, give us a call.

Know the tax consequences of borrowing from your 401(k) plan

When you borrow from your 401(k), you become both a borrower and a lender. Whether that's a good idea depends on your personal financial situation - and in the process of making the decision about lending money to yourself, you may have questions regarding the tax consequences.

For instance, though you probably know the initial borrowing has no federal income tax effect, you might be wondering whether the interest you pay will be deductible. In general, the answer is no. That's true even when you use 401(k) loan proceeds for your home.

Ordinary loan repayments are not taxable events either. That is, you don't have to pick up the interest you repay into your account as taxable income. And, though you're increasing your 401(k) account with the principal portion of each payment, that amount is not considered a contribution. You can still make pre-tax contributions up to the annual limit ($17,500 for a traditional 401(k) during 2013, plus an additional $5,500 when you're age 50 or older).

What if you default on the 401(k) loan? The balance of your loan is considered a distribution to you, and you'll have to report it as ordinary income on your federal tax return. In addition, when you're under age 59�, a 10% early-withdrawal penalty typically applies.

Being both a 401(k) borrower and a lender can lead to tax surprises. Give us a call to make sure you have the whole story before you arrange a 401(k) loan.