10 Most Expensive Tax Mistakes That Cost Real Estate Agents Thousands

Are you glad with the quantity of taxes you pay? Are you assured that you are taking benefit of each obtainable tax break? However most of all, is your tax preparer supplying you with proactive recommendation to save in your taxes? The dangerous information is that you just most likely do pay an excessive amount of tax and also you're most likely not benefiting from each tax break. And most preparers do a poor job of truly saving their purchasers cash. The excellent news is that you do not have to really feel that manner. You simply want a greater plan. This text reveals a few of the largest tax errors that enterprise homeowners make. Then, it offers temporary options to really remedy these issues. Please be aware that this text is designed to be an informational device solely. Earlier than you implement any of those methods, it's best to seek the advice of a tax skilled for extra particular pointers and necessities.

#1: FAILING TO PLAN

The primary mistake is the largest mistake of all. It's failing to plan. It does not matter how good your tax preparer is along with your stack of receipts on April 15. For those who did not know that you can write off your child's braces as a enterprise expense, it is too late to do something when your taxes are ready the next yr. Tax teaching is about supplying you with a plan for minimizing your taxes.
  1. What must you do?
  2. When must you do it?
  3. How must you do it?
And tax teaching provides two extra highly effective benefits. First, it is the important thing to your monetary defenses. As an actual property agent, you've got two methods to place more money in your pocket. Monetary offense is rising your revenue. Monetary protection is lowering your bills. For many brokers, taxes are their largest expense. So it is smart to focus your monetary protection the place you spend probably the most. And second, tax teaching ensures outcomes. You possibly can spend all kinds of time, effort and cash selling your small business. However that may't assure outcomes. Or you'll be able to arrange a medical expense reimbursement plan, deduct your daughter's braces, and assure tax financial savings.

#2: MISUNDERSTANDING AUDIT ODDS

The second large mistake is sort of as essential as the primary, and that is fearing, slightly than respecting the IRS. What does the type of tax planning we're speaking about do to your odds of being audited? The reality is, most specialists say it pays to be aggressive. That is as a result of general audit odds are so low that almost all reputable deductions aren't prone to wave "crimson flags." Audit charges are literally as little as they've ever been for 2008 - the general audit fee was only one in each 99 returns. Roughly half of these audits focused the Earned Earnings Tax Credit score for low-income working households. The IRS primarily targets small companies, particularly sole proprietorship's, and money industries like pizza parlors and coin-operated laundromats with alternatives to cover revenue and skim income.

#3: TOO MUCH SELF-EMPLOYMENT TAX

For those who're like most enterprise homeowners, you pay as a lot in self-employment tax as you do in revenue tax. If that is the case, you would possibly think about establishing an "S" company or restricted liability firm to scale back that tax. For those who run your small business as a sole proprietor, you may report your web revenue on Schedule C. You will pay tax at no matter your private fee is. However you may additionally pay self-employment tax of 15.3% in your first $106,800 of "web self-employment revenue" and 2.9% of something above that in 2010. As an instance your revenue on the finish of the yr is $60,000. You will pay revenue tax at your common tax fee, relying in your complete taxable revenue. However you may additionally pay about $9,200 in self-employment tax. This tax replaces the Social Safety and Medicare tax that your employer would pay and withhold should you weren't self-employed. An "S" company is a particular company that is taxed like a partnership. The company pays the homeowners an inexpensive wage for the work they do. If there's any revenue left over, it passes by way of to the shareholders, and the shareholders pay the tax on their very own returns. So the "S" company splits the proprietor's revenue into two components, wages and pass-through distributions. "S" companies are so enticing as a result of although you pay the identical 15.3% in your wages as you'd in your self-employment revenue, there may be no Social Safety or self-employment tax due on the dividend pass-through. As an instance your S company earns the identical $60,000 as your proprietorship. For those who pay your self $30,000 in wages, you may pay about $4,600 in Social Safety taxes. However you may completely keep away from $4,600 in self-employment tax on the $30,000 pass-through distribution. The "S" company takes somewhat extra paperwork to function than the proprietorship. And you must pay your self an inexpensive wage in your service. Meaning one thing such as you'd pay for an out of doors worker to do the identical work. However the IRS is looking out for brokers who take all their revenue as pass-through. The affordable wage for brokers varies, relying on the period of time spent on actual property actions and your location.

#4: WRONG RETIREMENT PLAN

If you wish to save greater than the present $5,000 restrict (extra $1,000 for taxpayers 50 or older) for IRA's, you've got three essential selections: Simplified Worker Pensions (SEPs), SIMPLE IRAs, or 401ks. Typically, in case you have a enterprise retirement plan, it should be supplied to all of your staff and the calculations for contributions should be utilized in the identical method as for your self or any household staff. The SEP and SIMPLE IRAs are the simplest plans to arrange and administer. There is not any annual administration or paperwork required. Contributions are made immediately into worker retirement accounts. For SEP plans, self-employed people can contribute as much as 25% of your "web self-employment revenue," to a most of $49,000 for 2010. For SIMPLE IRAs, the utmost contribution for 2010 is $11,500 (50 or older can contribute an additional $2,500 catch-up.) SIMPLE IRAs could also be greatest for part-time or sideline companies incomes lower than $40,000. You may also rent your partner and kids, they usually could make SEP or SIMPLE contributions. For even bigger retirement contributions not restricted to 25% of your self-employment revenue, think about a 401(ok) retirement plan. You possibly can even arrange what's referred to as a "solo" or "particular person" 401(ok) only for your self. The 401(ok) is a real "certified" plan. And the 401(ok) enables you to contribute far more cash, way more flexibly, than both the SEP or the SIMPLE. For 2009, you and your staff can "defer" 100% of your revenue as much as $16,500. For those who're 50 or older, you can also make an additional $5,500 "catch-up" contribution. You may also select to match your staff' contributions, or make profit-sharing contributions as much as 25% of their pay. That is the identical share it can save you in your SEP - on prime of the $16,500 or $22,000 deferral, for a complete most contribution of $49,000 per individual in 2010. 401(ok)'s are typically tougher to manage. There are anti-discrimination guidelines to maintain you from stuffing your personal account whilst you stiff your staff. Like SEPs and SIMPLE IRAs, you'll be able to nonetheless rent your partner and contribute to their account. For those who're older and also you wish to contribute greater than the $49,000 restrict for SEPs or 401(ok)'s, think about a standard outlined profit pension plan the place you'll be able to contribute an quantity to ensure as much as $195,000 in annual revenue. Outlined profit plans have required annual contributions. However you'll be able to mix an outlined profit plan with a 401(ok) or SEP to provide your self somewhat extra flexibility.

#5: MISSING FAMILY EMPLOYMENT

Hiring your kids and grandchildren will be an effective way to chop taxes in your revenue by shifting it to somebody who pays much less.
  • The IRS has upheld deductions for youngsters as younger as 7.
  • Their first $5,700 of earned revenue in 2010 is taxed at zero to the kid. That is due to the usual deduction for a single taxpayer - even should you declare them as your dependent. Their subsequent $8,375 is taxed at simply 10%. So, you'll be able to shift fairly a little bit of revenue downstream.
  • It's important to pay them a "affordable" wage for the service they carry out. That is what you'd pay a business vendor for a similar service, with an adjustment made for the kid's age and expertise. So, in case your 12-year-old son cuts grass in your rental properties, pay him what a landscaping service would possibly cost. In case your 15-year-old daughter helps maintain your books, pay her a bit lower than a bookkeeping service would possibly cost.
  • To audit-proof your return, write out a job description and maintain a timesheet.
  • Pay by verify so you'll be able to doc the fee.
  • It's important to deposit the verify into an account within the kid's identify. However the account generally is a ROTH IRA, Part 529 faculty financial savings plan, or custodial account that you just management till they flip 21.
  • If your small business is unincorporated, you do not have to withhold for Social Safety till they flip 18. So this actually is tax-free cash. You will should problem them a W-2 on the finish of the yr. However that is painless in comparison with the tax you may waste should you do not reap the benefits of this technique.

#6: MISSING MEDICAL EXPENSES

Surveys used to point out that taxes had been small enterprise homeowners' essential concern. However now it's skyrocketing well being care prices. For those who're self-employed and pay in your personal well being insurance, you'll be able to deduct is as an adjustment to revenue on Web page 1 of Kind 1040. For those who itemize deductions, you'll be able to deduct unreimbursed medical and dental bills on Schedule A, in the event that they complete greater than 7.5% of your adjusted gross revenue. However most of us do not spend that a lot. However there's a method to write off all your medical payments as enterprise bills. It is referred to as a Medical Expense Reimbursement Plan (MERP), or Part 105 Plan. That is an worker profit plan, which implies it requires an worker. For those who function your small business as a sole proprietorship, partnership, LLC, or S company, you are thought-about self-employed and do not qualify. However should you're married, you'll be able to rent your partner. For those who're not married, you are able to do this with a C company. However you do not have to be integrated. You are able to do this as a sole proprietor or LLC by hiring your partner. The one exception is the S company. For those who personal greater than 2% of the inventory, you and your partner are each thought-about self-employed for functions of this rule. You will want to make use of one other supply of revenue, not taxed as an S company, as the idea for this plan. As an instance that you're a self-employed actual property agent and you have employed your husband. The MERP plan enables you to reimburse your worker for all medical and dental bills he incurs for his whole household -including you as his partner. All of those bills qualify for reimbursement: main medical insurance, long-term care protection, Medicare and Medigap insurance, co-payments, deductibles, prescriptions, dental care, eye care, chiropractic care, orthodontists, fertility therapies, particular colleges for learning-disabled kids, nutritional vitamins and natural dietary supplements, medical provides and even over-the-counter medicines. You possibly can reimburse your worker or pay well being care suppliers immediately. You will have a written plan doc and a technique to trace your bills. There is not any particular reporting required. You will save revenue tax and self-employment tax. In case you have non-family staff, you must embody them too, however you'll be able to exclude staff who're: below age 25, work lower than 35 hours per week, work lower than 9 months per yr, or have labored for you lower than three years. Non-family staff could make it too costly to reimburse everybody as generously as you'd cover your personal household. However, should you're providing well being insurance, you'll be able to nonetheless use a Part 105 plan to chop your worker profit price. You are able to do it by switching to a high-deductible well being plan, and utilizing a Part 105 plan to exchange these misplaced advantages. For instance, a married self-employed agent with two kids pays 25% in federal revenue tax and 15.3% in self-employment tax. A standard insurance plan was changed with a high-deductible plan - $5,000 for the household which reduce his premium by $7,620. So, even when he hits that $5,000 deductible, he saves $2,620 in premiums. And now, since he deducts his medical prices from his enterprise revenue, his self-employment tax financial savings add one other $1,156 to his backside line. He'll save not less than $3,121 in taxes by switching from his conventional healthcare plan to the Part 105 Medical Expense Reimbursement Plan. If you cannot use a Medical Expense Reimbursement Plan, think about the brand new Well being Financial savings Accounts. These preparations mix a high-deductible well being plan with a tax-free financial savings account to cover unreimbursed prices. To qualify, you may want a "high-deductible well being plan" with a deductible of not less than $1,200 for singles or $2,400 for workers and an out-of-pocket restrict of $5,950 for singles or $11,900 for households in 2010. Neither you nor your partner will be lined by a "non-high deductible well being plan" or Medicare. The plan cannot present any profit, apart from sure preventive care advantages, till the deductible for that yr is glad. You are not eligible should you're lined by a separate plan or rider providing prescription drug advantages earlier than the minimal annual deductible is glad. As soon as you've got established your eligibility, you'll be able to open a deductible well being financial savings account. You possibly can contribute 100% of your deductible as much as $3,050 for singles or $6,150 for households. You should utilize it for many sorts of well being insurance, together with COBRA continuation and long-term care plans. You may also use it for a similar type of bills as a Part 105 plan. The Well being Financial savings Account is not as useful because the Part 105 plan. You have obtained particular greenback contribution limits, and there isn't any self-employment tax benefit. However Well being Financial savings Accounts can nonetheless reduce your general health-care prices.

#7: MISSING A HOME OFFICE

If your own home workplace qualifies as your principal administrative center, you'll be able to deduct a portion of your lease, mortgage curiosity, property taxes, insurance, house upkeep and repairs and utilities. Additionally, you will depreciate your own home's foundation over 39 years as nonresidential property. To qualify as your principal administrative center, it's essential to (1) use it "completely" and "often" for administrative or administration actions, and (2) haven't any different mounted location the place you conduct substantial administrative or administration actions of your commerce or enterprise. "Frequently" typically means 10-12 hours per week. The area does not should be a complete room. What you are promoting use share is calculated by both dividing the variety of rooms utilized by the entire rooms within the house if they're roughly equal, or by dividing the sq. ft utilized by the entire sq. footage within the house. Particular guidelines apply once you promote your promote your own home, however the house workplace deduction remains to be a really useful deduction for many brokers.

#8: MISSING CAR/TRUCK EXPENSES

For those who take the usual mileage deduction for your small business, it's possible you'll be critically shortchanging your self. Yearly there are numerous automobile working surveys which are revealed. Prices range in line with how a lot you drive - however should you're taking the usual deduction for a automobile that prices greater than 50 cents/mile, you are shedding cash each time you flip the important thing. For those who're taking the usual deduction now, you'll be able to change to the "precise expense" methodology should you personal your automobile, however not should you lease. You can also't change from precise bills to the usual deduction should you've taken accelerated depreciation on the automobile.

#9: MISSING MEALS & ENTERTAINMENT

The essential rule is that you would be able to deduct the price of meals with a bona fide enterprise function. This implies purchasers, prospects, referral sources, and enterprise colleagues. And the way usually do you eat with somebody who's not a type of folks? For actual property brokers and different professionals that market themselves, this may be "by no means." Typically, you'll be able to deduct 50% of your meals and leisure so long as it is not "lavish or extraordinary." You do not want receipts for enterprise bills below $75 (besides lodging), however it is advisable to report the next data: (1) How a lot?, (2) When?, (3) The place?, (4) Enterprise Goal?, and (5) Enterprise Relationship. You may also deduct leisure bills in the event that they happen immediately earlier than or after substantial, bona fide dialogue immediately associated to the lively conduct of your small business. You possibly can deduct the face worth of tickets to sporting and theatrical occasions, meals and drinks, parking, taxes and suggestions.

#10: FAILING TO PLAN

Now that you just see how actual property brokers such as you miss out on any so many tax breaks, it's best to understand what the largest mistake of all is - failing to plan. Have you ever ever heard the saying "should you fail to plan, you propose to fail?" It is a cliche as a result of it is true. With only a easy funding of your time, you'll be able to implement useful tax-saving methods that may make a serious distinction come April 15.

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