The Five Overlooked Income Tax Breaks That Might Save You Money

Tax season is in full swing! Commonly, there is very little about this time of year to be happy about. Unless, of course, you take steps towards maximizing your tax deductions so you can get the most money possible come April.

1. Health-Related Contributions

If you happen to utilize a medical insurance policy that has a large deductible, then chances are you or your job established a medical care Flexible Spending Account (FSA) or Health Savings Account (HSA) that you will add routine payments to. These savings accounts are excellent due to the fact that all deposits are viewed as above-the-line IRS write-offs. The highest tax-deductible payment for last year was $3,050 for individuals, and $6,150 for families (and a $1,000 restriction for catch-up deposits). You should report your tax-deductible HSA contributions with IRS Form 8889, and complete contributions on Form 1040. Keep in mind that insurance vendors state your FSA/HSA contributions to the IRS with Form 5498-SA.

2. Using Your Personal Vehicle For Business

Although you cannot subtract the cost of commuting back and forth from your house to your job (the IRS considers commuting a “personal” travel expense), you can write-off business-related vehicle transportation. If you drove your own motor vehicle during the course of your job (e.g., to reach clients, travel between multiple office locations or a non-permanent job site), you could meet the criteria. The two fundamental ways of deducting costs are:

-The Actual Expense technique, which lets you subtract your real automobile expenditures from last year.

OR

-The Standard Mileage Rate approach, which is often used as an alternative to real expenditures, represents the median price of driving an automobile. For 2011, the standard mileage rate is: 51 cents/mile (from January 1 through June 30, 2011), and 55½ cents/mile (from July 1 through December 31, 2011).

Generally, if you are using a newer model car for business travel, the Actual Expense approach would give you a higher write-off, since you are able to subtract true costs of ownership including devaluation, lease expenditures, etc. Take into account that whenever you drive your vehicle for both job-related and personal travel, you can only write off the work-related expenditures; thus, keeping details regarding these travel expenditures is crucial. The laws regulating this write-off are often complicated, so consult a tax expert for details.

3. Write-off the Start-Up Expenses of Your Business

Almost all people emphasize small business tax write-offs on companies that are currently functioning. Yet, there is a deduction for those who are only just getting started on their companies. The money spent to create a company from the beginning are classified as “capital expenses”. These kinds of expenses can consist of costs for putting together a business office, travel, marketing and advertising, and so forth. Lots of people mistakenly presume that capital expenses are not tax deductible. They are, however on condition that most of these expenses must amortized. For 2011, you can write off roughly $5,000 in capital start-up expenses (other lingering expenses in excess of $5,000 have to be amortized and distributed over upcoming years). In case you began a home business your expenses may not exceed $5,000, making this write-off particularly useful.

4. Career Search Costs

The Internal Revenue Service features a whole section committed to income tax suggestions for jobless people. For instance, you can find tips describing how to subtract employment search expenses on your 2011 tax returns.

Indeed, if you have been without a job and/or searching for a new occupation, you could be in the position to write-off a portion of the expenditures you had (see Form 1040 Schedule A for further details). Yet, not every expense associated with a job search are deductible, as many qualifications exist. Chiefly among them, your expenditures will need to be for an occupation search within your present vocation; career search costs outside of your present occupation will not be tax deductible. Next, it is possible to write-off certain employment-related resources, like recruiting agency costs, but once again, your search must be within your existing occupation. As well, you can deduct the amount you spent editing up and sending your résumé to potential employers. Finally, you may well be eligible to subtract expenditures sustained by traveling to look for work, but only if the travel occurred mainly for that purpose.

It’s also important to note that, in order to get a job search tax deduction, your job-related expenditures will need to be greater than two percent of your adjust gross income (AGI). Keep in mind that the IRS doesn’t give search related tax deductions if an extensive length of time has passed between when you were last employed and when you started hunting for work. In addition, the job search tax deduction will not apply to first-time job hunters. Last but not least, in case you obtained unemployment benefits, or got funds from some other source, the government may well calculate this as income which should be reported.

5. State Taxes: Income vs. Sales

In many states, you are expected to pay either state and local tax fees, or state and local product sales taxes. Selecting the income tax write-off is generally much larger for most of us simply because this tax is more expensive than sales tax in most locations. However, do not be fooled into selecting the state incomes taxes by default. In the event you bought an expensive object last year, like a car/truck, or some other big-ticket item, you should consider this in your sales tax formula. For quite a lot of people, selecting the sales tax option results in extra money in their pockets, compared to using income taxes. You should work with the sales tax calculator supplied through the IRS (on their web site) to assist you in determining which tax deduction is right for you.

Yet another valuable tax idea: this one is actually in relation to your 2012 taxes. It is important to file a new W-4 form with your boss promptly. Here is why this is important: Payroll withholding is calculated by your W-4 form, and decides the amount of every pay check that is paid to the federal government. For many people, just how much we obtain in our payroll check isn’t the sum that’s most valuable to us. How’s that? Once you acquire a tax refund it signifies the IRS took an excessive amount from every payroll check. Many of us hope to have obtained some of that cash for the whole of the entire year, when we actually could have it. Equally, in case you have to pay the IRS, it indicates the IRS held onto too little money from your payroll check. Very few people want to pay that back in a single sizeable check each year. Declaring the latest W-4 allows you to re-establish what amount the IRS really should be getting from every salary. As an example, for those who anticipate a refund, changing your W-4 will mean extra cash in every single pay check. And in case you anticipate you will be required to pay taxes, modifying your W-4 will result in less income in each payroll check, but also less anxiety come tax season.

When should you report a new W-4? Do it today. First of all, because Congress approved a tax-extender bill leading to lowered social security taxes which could save two percent on your salary (it might not look like a lot, but a small amount is better than nothing). And further, if you have had a baby, a home loan, or got divorced after you filed your last W-4, you ought to update your tax withholding amount, and extend those income tax reductions throughout the year.

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Investing In The UK Through An Offshore Company To Avoid UK Tax

Capital Gains Tax Holding UK investment via an offshore company would look at first glance to be a good way of avoiding UK capital gains tax. As the company is non UK resident,and provided the assets aren’t used for the purpose of a UK trade they will be exempt from UK capital gains tax (or more correctly corporation tax on the capital gain).

Note though that this tax exemption only applies if the company retains the cash until the shareholder is non UK resident or if the cash is retained overseas. Any extraction of the proceeds would be taxed to the extent that they were remitted to the UK. So whether a simple dividend is paid or if the company is liquidated and a capital distribution is paid the cash would need to be retained offshore. If you wanted to enjoy the proceeds in the UK you’d need to think about methods of remitting the proceeds with minimal UK tax implications.

A big problem with using an offshore company is in ensuring it’s controlled from overseas. If it was controlled from the UK it would be UK resident and as such taxed in full on any capital gains realised. If the company owns UK assets it makes it more difficult to avoid the company being classed as UK resident.

Inheritance taxUsing an offshore company is a big advantage for inheritance tax purposes, as it converts a UK asset into an overseas asset. As non UK domiciliaries are not subject to Inheritance tax on overseas assets they can then avoid tax on the UK property owned by the offshore company. One point to note here is that it’s important that the company shares pass on registration. They will then be classed as located where the share register is – which if this is outside the UK will ensure that the shares are excluded property.

Income taxA directly owned foreign holding company can at the most only achieve only a a partial avoidance of UK tax. Income tax, unlike capital gains tax is still taxed on UK source income. Therefore even if an offshore company is used, UK tax will still be charged on UK income.

However there are benefits to be obtained from using an offshore company. For example there can be a saving of higher rate tax as non resident companies are subject to the lower or basic rate of tax in respect of UK source income. Note though that you can obtain some income (eg UK bank interest) free of UK tax. This is because tax on this income is restricted to tax deducted at source if the recipient is a non resident.

SummaryAn offshore company investing in the UK can look to achieve the following tax benefits:

Avoidance of capital gains tax
Avoidance of inheritance tax
Partial avoidance of income tax
Anti avoidance rulesAside from the company residence position – which is always an issue where you have an offshore company with UK shareholders there are also the anti avoidance provisions to consider.
Note that there is also the related issue that if an individual exercises control over the company and makes it UK resident there is a risk that he may be a shadow director and any benefits provided to him (or his family) from the company would be charged to income tax.

The main anti avoidance provision that applies to income is S739. Although there is an exemption for non UK domiciliaries this does not apply to the company’s UK income.

Therefore if the offshore company had UK investment income this provision would deem the income of the company to be that of the person establishing/transferring to the company originally.

Another useful point to note is that S739 applies to any foreign registered company.

When can the anti avoidance rules be avoidedOne is where the UK individual buys a company that already has the UK investments in it. Provided he doesn’t inject any further assets to the company he shouldn’t be within the scope of the legislation (as he’s not made a transfer of assets resulting in income accruing to the company).

Secondly there is the motive defence which applies where the transfer was not for the purposes of avoiding UK tax, and was for a wholly commercial purpose. One case where this is more easily satisfied is where a non domiciliary established the company before coming to the UK.

When can the offshore non resident company be used as a tax shelter for UK investments?It can be used to avoid UK Inheritance tax It can be used to avoid UK tax on any capital gain It can be used as a partial shelter for UK income if S739 is avoided in one of the above ways.

However any extraction of the income or proceeds from the company to the UK would be subject to UK tax. Therefore ideally income/proceeds should be retained overseas.

Lee J Hadnum is a rarity among tax advisers having both legal & chartered accountancy qualifications. After qualifying as a prize winner in the Institute of Chartered Accountants entrance exams, he went on to become a Chartered Tax Adviser.

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