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The Business Owner’s Toolkit For Saving Taxes in 2008

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The current economic climate makes it imperative that small business owners have some knowledge of all the options open to them to reduce their tax liability. The purpose of this article is to concentrate on those areas of the current tax law that you need to be familiar with in order to take full advantage of these often under-used or completely missed tax deductions. A good tax preparer is in some ways like a dentist – he must probe & probe in order to draw knowledge about your business health & how you operate. Only in that way can a good accountant or CPA earn his or her keep. Just giving your tax return data to your accountant after year-end without a pre year-end tax planning conference just about guarantees you missed tax deductions and a higher tax liability than necessary.

I have defined seven areas of consideration where small business owners currently have the most flexibility to reduce their tax liability:

The Seven Sources for Tax Savings:

1) Changing Legal Entities- Be careful here, each taxpayer is unique and no blanket choice is correct for all taxpayers.

a) Most Small businesses formed the last few years have chosen the Subchapter “S” Corporation as the legal entity of choice —why? The current vague definition of reasonable compensation for owners permits considerable savings of the federal 15.3% self – employment tax.

b) But LLC’s are normally cheaper to setup & you can choose to be “treated like” a Subchapter “S” Corporation with little cost or effort.

c) A “C” Corporation may be best for a few businesses-why? The deductibility of health related expenses for owners and the availability of a fiscal year end date other than December 31 offer benefits for certain taxpayers.

d) Sole Proprietorships & Partnerships -What’s wrong with these? Self-employment tax issues & potential owner liability issues could turn into big problems for some taxpayers.

2) Deferring Income – if you a cash-basis taxpayer,

a) Let income be recorded in a future period (eg. by delaying billing) only if suspect that you will be in a lower tax bracket the following year

b) Let income be recorded in the current period (eg. by speeding up billing) only if suspect that you will be in a higher tax bracket the following year

3) Finding New Tax Deductions – What common tax deductions do most taxpayers forget about or fail to plan for?

a) unreimbursed vehicle use

b) home office

c) long term health care insurance premiums

d) a business – related vacation

e) hiring the kids

f) hiring the parents

g) setting up any pension plan by Dec 31 in case you get wealthy by the following September 15th or October 15th

h) buying a qualified 6,000 lb SUV by December 31…Sec 179 depreciation and the new 2008 bonus 50% come into play to help you.

i) assets you bought prior to start of business that now are part of business

j) employing the spouse under certain circumstances (eg possibly deducting health insurance, along with additional pension plan & vehicle deductions)

4) Accelerating Additional Tax deductions – for cash basis taxpayers,

a) paying lease payments (office rental , equip leases up to 12 months in advance in December) in advance

b) Buyer a new or used vehicle in December rather than in January

c) Buying next years operating expenses this year – utilizing a line of credit

d) paying certain insurances in advance

e) paying pension plan administrative fees in advance

5) Starting or Changing Business Pension Plans – it’s never too early to start! Just look at what compound interest does for people who start deferring early in life!

a) For little startups – at least prop some money into a traditional IRA or Roth IRA

b) As you grow and have some access cash- your plan choices grow and a lot depends on whether you have employees who you must share (in time) with part of the company contribution

1) The Simple IRA deal – why, when, and how much? Setup by Sept 1st.

2) The 401k new compatibility Plan – a 401k plus up to 25% of compensation with limits…

3) The Solo 401k – the forgotten nugget…

4) The Defined Benefit Pension Plan…the king of pension plan tax deductions

6) Applying for and Taking Available Tax Credits – Go Green!

a) Buy that Hybrid or Electric or Hydrogen Vehicle

b) Energy Credits

c) Historic Building Credits

d) Job Credits – set up shop in a distressed area of town

7) Restructuring Your Business Succession Plan – There are several possible tax saving opportunities here depending on your age, health, and future plans. An earn out arrangement vs. a straight sale & capital gain may be beneficial to some taxpayers. Also, Future tax savings could result if an earn out arrangement and a desire to remain self-employed is combined with a new pension plan.



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