By: JIM VANDER SPEK - For the North County Times | Posted: Sunday, December 16, 2007 12:00 am
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With only 16 days left in the year, you will need to act soon if
you want to cut your 2007 income tax bill.
Traditionally, this is a time for shopping but also a time when
people are most charitable in their giving. Harnessing generosity
to gain a tax benefit is part of an American tradition. If you have
the means, you may want to consider the following charitable giving
ideas:
- Contribute to a charity. Your 2007 charitable contributions
must be made no later than Dec. 31. Due to recent law changes, cash
donations are not deductible unless you have proper written proof.
For example, to get a deduction you need to leave a check in the
Salvation Army kettle instead of cash. Or charge your donations to
a credit card, and if it's done by Dec. 31, the deduction counts
for 2007 even though you won't pay the bill until 2008.
- Contribute used items to a charity. Junk doesn't work.
Donations of items such as clothing and furniture are no longer
deductible unless they are in "good" condition. Nevertheless, it
still makes sense to clean out your closets and snag a deduction
for "good" stuff. Best of all, you get to decide the fair market
value in most cases. Unfortunately, donating vehicles to charity
has become somewhat problematical. Your deduction is limited to
what the charity realizes on the eventual sale.
- Contribute appreciated property. The benefit here is that you
will be able to claim a charitable deduction for the fair market
value of your gift, even though you have not paid any tax on the
capital appreciation. Stocks, mutual funds and other securities
could be good candidates for a last minute gift since they are
fairly easy to transfer and value. If you are more well-to-do, you
may want to consider giving appreciated real estate. Be sure to be
clear as to the tax issues if there is any debt owing on the
property.
- Donate directly from your IRA. If you are at least 70 1/2 years
of age, you can donate up to $100,000 from your IRA directly to
charity income-tax-free for 2007. It can even count against your
minimum required distribution. That's likely better than taking a
taxable distribution and then making a contribution. Here's why.
First off, it keeps your income down, which could be important if
you want to keep your Social Security income tax free. Also, you
won't need to start itemizing if, like many seniors, you normally
take a standard deduction.
- Set up a "donor-advised" fund. This is especially useful at the
end of the year, since you do not need to decide immediately which
charity or charities eventually receive the money. The donations
are given irrevocably and stay in trust until you decide how you
want to have them distributed. The big advantage is that you obtain
an immediate deduction when you deposit the funds. Also, they give
you the option of donating anonymously.
- Create a "Charitable Unitrust" or "Charitable Annuity Trust."
These specially designed tax-planning instruments are great for
unloading appreciated real estate or a business while still
retaining a flow of income for the rest of your life. This allows
you to sidestep the capital gains tax of a sale.
Sizable deductions can be tailored out of this, depending on how
much you need in the way of ongoing income. Although it is late in
the year, I am sure that a planned-giving specialist at your
favorite charity would love to explain this and run the numbers for
you. With some quick action, you may even get this up and running
before the end of the year.
There is one kind of giving that cannot buy you any income tax
benefit. Every year, people hear that they can give money to
individuals "tax-free." Unfortunately, this does not mean the same
as getting a deduction on your taxes. Instead, such gifts are free
of any "gift tax."
The gift tax rules are somewhat obscure with the actual tax
kicking in once you give away over $1 million during your lifetime.
Any part of this million dollar exclusion that is used up will also
reduce the amount that can be excluded from your estate tax for
death tax purposes. However, gifts to any single individual of
$12,000 in 2007 and 2008 do not need to be reported. This is
calculated on an individual basis, which means a couple can give
double this amount. Once you give more than the annual exclusion
amount in a single year, you'll have some planning concerns and a
reporting obligation, but not generally a tax liability.
There is a loophole in this law. In addition to the $12,000, you
can also exclude any amounts paid directly to medical providers for
medical care or directly to schools for tuition.
Jim Vander Spek, CPA Vander Spek & Corsello, CPAs A
Professional Corporation 350 West Fifth Avenue, Suite 300
Escondido, CA 92025. Call: (760) 741-2659; fax: (760) 743-7428; Web
site: http://www.VanderSpekCPAs.COM