Year-End Tax Planning Tips

Here are a few year-end tax planning tips from newsletter editors that contribute to the Bull & Bear Financial Report. Please consult with your tax advisor.

EXECUTIVE WEALTH ADVISORY
1750 Old Meadow Rd., Ste. 302, McLean, VA 22102.
Monthly, 1 year, $125.

Creative ways to qualify
for a home-office deduction

Morey Stettner: "Beginning in 1999, you can deduct home-office expenses as long as the space is used for administrative or management tasks and there's no other fixed place for you do such work. This broadens the current rule that a home office must be used regularly and exclusively as a principal place of business in order to take the deduction. If you still don't think you qualify, here are two ideas that may help. First, hire your spouse as an independent contractor who works at home. Then, turn part of your home office into your spouse's office or use a separate room. To maximize the deduction, give your spouse the larger office. Do you have to divide the room with a wall or partition if you both use it as an office? Not necessarily, but it's a good way to show a section of the room is reserved for deductible use.
(Weightman, TC Memo 1981-301) For this strategy to work, your spouse should probably work for more than just your company to qualify as an independent contractor. Another option is to create a separate room for a side business, rather than using the same room for both your major and minor business."


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THE MONEYPAPER
1010 Mamaroneck Ave., Mamaroneck, NY 10543.
Monthly, 1 year, $81.

Year-end tax planning

Vita Nelson: "Here are the things you can do in December to make your life less taxing next April:
Count up your realized gains and losses for 1998 so far. Don't' forget capital gains distributions from mutual funds (call your fund for an idea of when you'll receive year-end distributions and how great they'll be).
For tax purposes, disregard transactions inside taxdeferred retirement plans. Only taxable transactions matter.
Don't forget to include any capital loss carryforwards from previous years.
Sell enough winners or losers by year-end so that you wind up the year with $3,000 in net capital losses. That's the maximum amount you can deduct from the rest of your income. Of course, if you wind up with a net loss, you won't owe any capital gains tax for the year.
If you incurred investment interest expense this year (say you borrowed on margin to buy securities), check with your tax pro. You need to know whether it's best for you to wind up with capital losses, as described above, or if you should shoot for capital gains to offset your investment interest expense.
If your year-end strategy calls for you to sell losers, consider buying a similar issue. After selling Sears, for example, buy J.C. Penney or Wal-Mart. If you are determined to include the stock you sold in your portfolio, you'll have to wait at least 3 days before buying it back.
If your year-end strategy calls for you to sell winners, you can buy them back right away, if desired. You'll still have your taxable gain, to soak up realized losses, and you'll increase your basis in that stock.
If you have college-bound children, give each one up to $10,000 work of appreciated stock. (for married couples, the limit is $20,000.) Such gifts won't incur a gift tax. If you need to transfer stock, your broker may need time for paperwork, so don't dawdle. Your cost basis will be passed along to the recipient(s).
You can keep the securities in a custodial account and take profits, now or in the future. As long as your children are at least 14 when the profits are taken, those profits likely will be taxed at only 10%, not the 20% you'd pay on your own gains. Then the net proceeds can be used for college bills.
Similar year-end gifts should be made to all your relatives if you're worried that you'll leave a taxable estate. The $10,000 or $20,000 annual gift-tax exclusion is "use it or lose it," meaning that gifts you neglect to make in 1998 can't be made up in the future.
Use appreciated securities for year-end charitable gifts. You're giving away the tax obligation, as well as the gift, yet the charity won't owe any tax when it sells the securities.
Beyond your portfolio, don't forget to:
Use up any amounts left in your flexible spending account at work. If it's a medical account, for example, use the money left over for checkups, eyeglasses, etc.
The same is true if your medical expenses for 1998 already top 7.5% of your adjusted gross income. If this is the case, further medical outlays will be fully deductible so you should accelerate discretionary expenses into December.
Ask your tax pro if you should prepay state and local income tax by year-end. Usually, this is a good strategy. However, taxpayers are increasingly exposed to the alternative minimum tax (AMT); if you're in this category, you're better off waiting until these payments come due in January."


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Bert Dohmen's WELLINGTON LETTER
1132 Bishop St., Ste. 1500, Honolulu, HI 96813.
Monthly, $295.

Tax swaps

Bert Dohmen: "I now see many articles advising on year-end tax strategies for investors. One favorite appears to be selling stock on which you have a big loss, and then getting into a stock in the same group in order to preserve a position in that sector.
My philosophy is different: If you have a big loser, and you don't have good reason to stay with that sector, take the tax opportunity to take your loss, but don't reinvest in the same sector.
The oil service sector is one example. Many of these stocks are down 30% - 50%, but are still showing good earnings growth. There are a lot of bulls on this sector. We even played the rally from the bottom, but have recently given a sell signal.
To sell a stock now at a loss and then replace it with another stock in the same group is a losing situation. Take the opportunity to use that money for investments which have a bitter risk/reward equation. Oil prices will probably drop below $10 per barrel. When that happens, oil companies will not be spending a lot of money on new exploration. Why try to find additional product if you can't sell the product you have today?"


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THE NO-LOAD FUND INVESTOR
P.O. Box 318, Irvington-on-Hudson, NY 10533.
Monthly, 1 year, $135.

Charitable gift funds

Sheldon Jacobs: "One way to avoid paying capital gains is to hold an investment until you die, thus letting your heirs receive the securities at the full stepped-up cost basis. There's another, less consequential way to achieve the same result. Give a current gift to charity.
If you have experienced substantial appreciation in the value of your fund shares, it is no advisable to sell shares and use the cash for a charitable donation. Instead, a better strategy is to give the shares directly to the charity. That way you avoid taxes on the appreciation, while qualifying for a tax deduction based on the current market value of the gift. You can do this directly on your own, but there is another way that provides more flexibility, particularly if you're looking for a year-end charitable deduction and haven't found a charity to your liking.
This way is to use a gifting program such as Fidelity Charitable Gift Fund. You get an immediate income tax deduction (assuming you itemize), and you can spread grants to the non-profit organizations of you choice over a numbers of years.
The Gift Fund, organized five years ago, is not a mutual fund. Rather, it is an entity set up separately from Fidelity itself, consisting of four asset pools into which charitable contributions may be invested. You can make donations of cash or securities, including appreciated stock, into these pools. The donations are irrevocable, and you may not receive a life income or interest. Since the IRS has approved the fund as a tax-exempt public charity, you may claim a tax deduction for the contribution based on the fair market value at the time of the donation, and the assets will grow tax-free until you decide to distribute them. The minimum initial investment is $10,000. The minimum subsequent investment is $1,000, and the minimum distribution is $250. Designations to non-profit organizations can be made at any time, in your name or anonymously.
With a few exceptions, any IRS-approved charity is eligible to receive the payouts. In part due to the success of the program, (which gave the IRS second thoughts) Fidelity no longer allows the Gift Fund to donate to private foundations or foreign charities.
Also, you can no longer make gifts that result in personal benefit, such as to a theater party or charity ball in which only part of the gift would be tax-deductible if you contributed directly. Lastly, the Gift Fund can't be used to satisfy a pre-existing pledge.
You can make contributions into 1) a Growth Pool, currently invested in Fidelity Fund, New Millennium, Magellan, MidCap, Spartan Market Index, Diversified International, and Overseas; 2) an Equity Income Pool, invested in Dividend Growth, Value Equity Income, Growth & Income, Spartan Market Index, and U.S. Bond Index (an institutional fund); and 4) a Money Market Pool. Fidelity selects and apportions the investments in each pool on a discretionary basis. You can switch between pools twice per calendar year.
All sales loads are waived for the portfolio funds, but there is an annual 1% administrative fee charged against the account for recordkeeping, distributions and tax reporting. Amounts also are deducted for the ongoing fees and expenses of the underlying portfolio funds. Total fees are far less than the cost of setting up a private foundation yourself to receive similar benefits. If your securities are a Fidelity, you still have time to set up your program before year-end and receive a 1998 tax deduction. (You can also transfer stock into Fidelity in a couple of days, but a mutual fund transfer, which takes up to three weeks, probaly won't make it). Call 800-682-4438 for further details."


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Standard & Poor's THE OUTLOOK
25 Broadway, New York, NY 10004.
1 year, 48 issues, $298.

Tax savings with a year-end deadline

Arnold Kaufman: "Late-year tax planning may be especially rewarding this time around because of recent changes in the tax law, in particular the reduction of the period for establishing long-term capital gains from 18 months to 12 months for all of 1998 and setting up tax-free Roth IRA's that can start on New Year's Day. Here are some pointers to consider before the end of the year:
Roth IRA's. If you haven't opened one yet, you have until April 15, 1999 to do so, even if you get an extension of the tax filing deadline. Filers of both joint and single tax returns with modified adjusted gross income this year of $100,000 or less can also convert traditional IRAs to Roth IRAs.
Not all taxpayers, however, will benefit from rolling traditional IRAs into Roth IRAs. To make the switch you must pay taxes on the traditional IRA's deductible contributions and earnings, but if you do it in 1998 you can spread the taxes over four years.
Under recently amended rules, if you take the money out of the old IRA, begin the conversion before the end of the year and complete it within 60 days of receiving the distribution, it will count for 1998, even though you actually complete the rollover in 1999.
Another important change: If you converted to a Roth IRA before the stock market's slide reduced the old IRA's value, the IRS now says you can unconvert and reconvert back into a Roth IRA at a lower taxable valuation. You have until the due date of your 1998 tax return plus any extensions for which you have applied to unconvert and reconvert, but it may pay to take action soon because the IRS is considering a more restrictive interpretation of Roth IRAs.
Capital gains. Last year's 18-month holding period for establishing long-term capital gains and 12-month period for mid-term gains have been eliminated. For 1998 and future years, assets held more than 12 months will be taxed at a top long-term capital gains rate of 20%. For assets purchased in 2001 and held five years, the top long-term capital gains rate will fall to 18%.
For defensive reasons in the current market, you may want to shift this year to greater emphasis on fixed income. For long-term planning, though, the reduced rate on long-term capital gains has made stocks more attractive. If you live in a high-tax state, your effective tax rate on ordinary income from fixed-income investments is likely to be more than twice the effective rate you pay on long-term capital gains from equities. Fixed-income securities are best held in tax-deferred accounts such as traditional IRAs and 401(k) plans, which tax all distributions as ordinary income.
Income shifting. If you expect to be in a lower tax bracket next year or if your 1998 income tax is near the threshold where the alternative minimum tax (AMT) kicks in, you might benefit by postponing income and accelerating deductions. It might pay to reverse the process if you expect to be in a higher bracket next year or are sure to pay the AMT this year.
Treasury issues that pay interest in the coming year can be used to postpone income, and items that can go either way include fourth-quarter estimates of state taxes due in January, self-employment income, certain miscellaneous deductions, dividends from closely held corporations, real estate tax and personal property tax, charitable contributions, mortgage interest and investment interest."


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