Fed to AR tax differences

All but seven states in the USA have their own form of individual income tax separate from Federal reporting required to the IRS.  Unlike the Federal system, which applies a uniform tax system to everyone regardless of what state they live in, states with an income tax all have their own way of doing things.  For example, some states start with Federal adjusted gross income (AGI) and work down to state AGI.  Other states require taxpayers to start from the beginning and calculate their state AGI on its own.  Still other states calculate income tax based on other factors, like Tennessee, which only taxes interest and dividends over a certain amount.

Arkansas has its own individual income tax system.  It is similar to the Federal system, but has intricacies that taxpayers should be aware of so that they don't over- or under-pay.

Married filing separately on same return

This is a filing status available to married Arkansas residents.  This form has two columns, one for the taxpayer and one for the spouse.  Joint income is divided between the two columns, but income allocated to one or the other goes in its respective column.  This is beneficial to married taxpayers where the taxpayer or spouse has a higher income than the other, because tax is calculated by taxpayer and spouse separately, then added together.  The tax is usually lower than if calculated on joint income, like a Federal return.

Income differences

There are several types of income that are taxed differently by Arkansas than at the Federal level:

• Social security benefits - not taxable to Arkansas
• Distributions from qualified retirement plans - if they are taxable, Arkansas allows a $6,000 reduction in the taxable amount, both for taxpayer and spouse.
• Capital gains - only 70% of net capital gains are reported on the Arkansas tax return.  However, up to $3,000 of losses can still be taken.
• Tax exempt interest - interest earned from municipal bonds is not taxable at the Federal level.  However, in Arkansas it is taxable unless it is from an Arkansas source.  For example, interest received from a New Orleans, Louisiana municipal bond is taxable in Arkansas, but interest received from a Little Rock, Arkansas municipal bond is not.  Neither is taxable on the Federal return.
• Depreciation differences - Federal depreciation benefits such as Section 179 and bonus are different at the Arkansas level.  Arkansas does not recognize bonus depreciation, and the Section 179 limits are much lower.  Therefore, income from S-corps, partnerships, or farms could be different for Arkansas than Federal.  Taxpayers should refer to an Arkansas-equivalent Form K-1 received from these entities.

Deduction differences

There are also several types of deductions that are different for Arkansas than on a Federal return:

• 529 plans - taxpayers that contribute to an Arkansas 529 plan for college savings are allowed an adjustment to income of up to $5,000 each for taxpayer and spouse.  The contributions have to be made during the tax year, and they must be to an Arkansas 529 plan (not just any 529 plan).
• State tax deduction - unlike the itemized deduction schedule for Federal returns, Arkansas taxpayers cannot deduct state tax payments on their Arkansas income tax return as an itemized deduction.  They can still deduct personal property and real estate taxes, but not estimated tax payments or withholding.
• Foreign taxes paid - instead of calculating the foreign tax credit like on the Federal return, all foreign taxes paid can be added in total as an itemized deduction on the Arkansas return.

Each state is different, so taxpayers should consult their tax advisor or their state department of revenue website for more information.

To pay or not to pay, that is the question

For taxpayers that make estimated tax payments throughout the year, the payment for the fourth quarter is due on January 15 of the next year. Even though this payment is made in the following year, it is still credited as a payment for the tax year in which it applies. But, if the taxpayer lives in an "income tax state" (a state with its own income tax, like Arkansas or Louisiana, but not Texas) and makes estimated tax payments to the state, there is a catch to when these payments are deductible on a Federal return.

Allowable itemized deductions for individuals on a Federal 1040 include state and local taxes paid. These taxes include income, real estate, and personal property taxes as well as some other taxes paid to a state or local government. The deductible portion of these taxes is the amount actually paid during the year, not amounts assessed or paid in other years. Here are a few examples:

Bob, who does not live in an income tax state, pays his personal property taxes for 2012 in October of 2013 for $500. At the same time, he receives his assessment for 2013 of $600 which will be due in October 2014. Bob's deduction for personal property taxes in 2013 is $500, because that is what he actually paid even though it was related to the previous year.  The $600 will be deductible to him in 2014 when it is paid.

Peggy lives in an income tax state and makes state estimated tax payments quarterly. In January 2013, she made her 4th quarter payment for 2012 for $500. Then, in April, June, and September of 2013 and in January 2014 she made quarterly payments of $600 each for her 2013 state taxes. Peggy's state tax deduction on her Federal return for 2013 is $2,300 ($500 + 3 $600 payments) which is the total of the payments made during 2013, even though one of them was related to a previous year.

This example leads us to the point of this article. If Peggy makes her state fourth quarter payment for 2013 in December 2013 instead of January 2014, her state tax deduction on her Federal return will be $2,900 instead of $2,300. As a result, her Federal tax liability would be decreased slightly because of the added deduction. It is for this reason that taxpayers living in income tax states should always consider paying their final estimated tax payment before the end of the year.

But, as is usually the case, there are caveats with this plan - the Alternative Minimum Tax and the time value of money.

Taxpayers subject to the Alternative Minimum Tax (AMT) will not realize the benefit of paying their state estimated tax payment early because those payments will be added back as a preference item on Form 6251.  Therefore if taxpayers are close to or already subject to the AMT, they should make their payments as scheduled (not early).

Taxpayers must also consider the time value of money when paying estimated tax payments early.  For example, if the funds needed to make the estimated tax payment will be accessed by selling investments at a gain, then the net effect of the transaction might be zero because the additional benefit from the payment could be offset by the additional income recognized from selling the investments in the same year.  Furthermore, the funds used to pay taxes earlier by 15-30 days may lose investment earnings which could be large if the estimated tax payment is large.

In closing, taxpayers should consider making their 4th quarter state estimated tax payment in December (now!) as long as they are not subject to the AMT and they have liquid funds to make the payment without creating additional income.

All I want for Christmas is a new bulldozer

Beginning in 2010, businesses have been afforded beneficial tax breaks via fixed asset additions and depreciation. These breaks are primarily Bonus depreciation and Section 179 expensing. Absent further action by Congress, Bonus is scheduled to go away and the 179 limits will be greatly reduced after 2013. Taxpayers can make an election to expense 100% of the cost of a new asset in the year of purchase under code section 179 of the Internal Revenue Code.  This method, commonly known as "179", has both cost and income limits.  In 2013, taxpayers can expense up to $500,000 under Section 179.  If the taxpayer's acquisitions exceed $2 million, their allowable expense is reduced and the taxpayer's 179 deduction cannot exceed taxable income for the year.  However, in 2014 the allowable expense drops to $25,000, with an acquisition limitation of $200,000.

Similarly, in 2013 taxpayer's can expense expense 50% of an acquisition up front, and then take normal depreciation on the other 50% for the year.  For example, taking bonus on a $1,000 asset would result in a $500 expense up front, plus regular depreciation for the year on the remaining $500.  It does not matter if the asset is new or used, there are no income or acquisition limits, and bonus can still be taken even if the taxpayer has no taxable income or the depreciation causes the taxpayer to have a net operating loss.  But, in 2014, bonus depreciation will "retire".

Now that we've discussed the rules, take a look at this bad boy.

This is a fine bulldozer made by Caterpillar, one of the largest heavy machinery manufacturers in the world.  Let's say that a taxpayer is in the market for this bulldozer and finds one at their local heavy machinery dealer with a list price of $250,000 (not actual list price, hypothetical only).  We can now look at how making that purchase in December 2013 vs. January 2014 will affect the taxpayer's situation.

If the bulldozer is purchased in December 2013, the taxpayer can either expense 100% of the cost assuming they had < $2 million in total additions and taxable income of at least $250,000, or the taxpayer can expense $125,000 of the bulldozer under bonus depreciation regardless of their other acquisitions and taxable income.

If the bulldozer is purchased in January 2014, the taxpayer will not be permitted to expense any of the addition under 179 because their acquisitions will exceed the limit.  The taxpayer will not be able to take any bonus depreciation either.

In this case, assuming a 39% tax rate, delaying the purchase to 2014 will cost the taxpayer savings in tax dollars of $97,500 if 179 could be taken, or $48,750 if bonus could be taken.

Although it is likely that Congress might pass some kind of extension to these depreciation rules, at this time there is no indication that the rules will be changed.  Taxpayers that have been considering making fixed asset additions, from bulldozers to printers to office furniture, should take advantage of the tax benefits in 2013 while they last.

2013 taxes and rates

When taxpayer's see their 2013 Form 1040, they will notice a few changes to the taxes and rates from previous years.  Following is a summary of the major tax rates and taxes that will be applicable for 2013. For the purposes of this article, MFJ = married filing jointly, S = single, O = any other filing status.

Regular tax rates

Here are the tax brackets for 2013:

Tax rate	Single filers	Married filing jointly or qualifying widow/widower	Married filing separately	Head of household
10%	Up to $8,925	Up to $17,850	Up to $8,925	Up to $12,750
15%	$8,926 - $36,250	$17,851 - $72,500	$8,926- $36,250	$12,751 - $48,600
25%	$36,251 - $87,850	$72,501 - $146,400	$36,251 - $73,200	$48,601 - $125,450
28%	$87,851 - $183,250	$146,401 - $223,050	$73,201 - $111,525	$125,451 - $203,150
33%	$183,251 - $398,350	$223,051 - $398,350	$111,526 - $199,175	$203,151 - $398,350
35%	$398,351 - $400,000	$398,351 - $450,000	$199,176 - $225,000	$398,351 - $425,000
39.60%	$400,001 or more	$450,001 or more	$225,001 or more	$425,001 or more

When calculating tax using this table, taxpayers must work "up the ladder".  This means if a MFJ taxpayer has taxable income of $100,000, they will pay tax at 10% on the first $17,850, then tax at 15% on the amount between $17,851 and $72,500, and then tax at 25% on the remaining amount.  As far as water cooler conversation goes, this taxpayer is "in the 25% bracket", but that doesn't mean they pay a flat 25% on $100,000.

3.8% Medicare surtax

Taxpayers with modified adjusted gross income in excess of $250,000 MFJ / $200,000 S might find themselves completing Form 8960 with their 2013 income tax return.  Taxpayers with this level of income potentially will be subject to the 3.8% Medicare surtax on their net investment income.  Net investment income is loosely defined as all taxable interest, dividends, capital gains, rental/royalty income, and other business activities that are considered passive.  The 3.8% tax is calculated on Form 8960 and added to the taxpayer's regular tax.  For example, MFJ couple has $300,000 modified adjusted gross income that includes $1,000 of taxable dividends.  The couple will pay an additional 3.8% tax on the dividends.  The IRS has recently issued final regs on what is subject to the Medicare surtax.

Higher capital gains rates

Taxpayers with modified adjusted gross income of $400,000 S / $450,000 MFJ will see their long-term capital gains taxed at 20% instead of the 15% rate from the past several years.  This applies to both long-term capital gains and qualified dividends, but short-term capital gains will still be taxed at regular rates.

Personal exemption (PEP) and itemized deduction (Pease) phaseout

Once taxpayers reach a certain level of income, they can potentially be subject to a phaseout of allowable personal exemptions and itemized deductions, which has been discussed in a previous post.

As can be seen, there are several changes to individual tax rates, deductions, and exemptions for 2013.  With proper planning, some of these issues can be either minimized or avoided altogether.

2013 year end planning

Over the next few weeks, this publication will address several topics related to year end tax planning. With Thanksgiving coming next week, it is time for business and individual taxpayers to get their financial houses in order for the end of the year. Topics to be addressed include the following:

• New tax rates for 2013, including new capital gains rates and the Medicare surtax
• Alternative minimum tax
• Incentive stock options
• Capital gains harvesting
• Retirement contributions and other year end expenditures
• Depreciation allowances for businesses
• Considerations for cash vs. accrual basis taxpayers

If you have other topics you would like see addressed, please comment on this post or contact me below.

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