Obama Meets with Congress on Bush Tax Cuts

Obama Meets with Congress on Bush Tax Cuts

WASHINGTON DC – President Obama met with congressional leaders on Tuesday to discuss the fate of the Bush tax cuts, along with other tax extender items and the extension of unemployment benefits.

“I’m happy with how the meeting went,” he said at a press conference.

He noted that the public wants the leaders to focus on jobs and confront long-term deficits instead of getting “locked up in the politics of Washington.”

He said that he and congressional leaders had a “new dialogue” that he hoped would begin that day to “break through the noise,” but added that things “need to get done” in the few weeks left before Congress leaves town for the holidays.

“We should work to make sure that taxes do not go up by thousands of dollars on hard-working middle-class families come January 1, which would be disastrous for those families but also could be crippling for the economy,” he said. “There was broad agreement that we need to work to get that resolved before the end of the year. Now, there are still differences about how to get there.”

He added that one of the points of disagreement was extending the tax cuts for the wealthiest Americans. “Republican leaders want to permanently extend tax cuts not only to middle-class families but also to some of the wealthiest Americans at the same time,” said Obama. “And here we disagree. I believe, and the other Democrats who were in the room believe, that this would add an additional $700 billion to our debt in the next 10 years. And I continue to believe that it would be unwise and unfair, particularly at a time when we’re contemplating deep budget cuts that require broad sacrifice.” But he added that the participants in the meeting agreed that there must be some sensible common ground.

Obama said he has appointed Treasury Secretary Tim Geithner and White House Budget Director Jack Lew to “break through this logjam,” and he asked the congressional leaders to appoint members to help with the negotiation process. That process is beginning right away, he added.

“We expect to get some answers back over the next couple of days about how we can accomplish our key goal, which is to make sure the economy continues to grow and we are putting people back to work,” he said. “And we also want to make sure that we’re giving the middle class the peace of mind of knowing that their taxes will not be raised come January 1.”

Obama noted that he also discussed other issues with the congressional leaders, including preserving a number of other tax breaks for individuals and businesses that are helping with the economic recovery right now and that are set to expire at the end of the year. That includes a tax credit for college tuition, as well as the Making Work Pay tax credit — which Obama noted affected 95 percent of working families and that he initiated at the beginning of his presidency — as well as the HIRE Act tax cut, which is worth thousands of dollars for businesses that hire unemployed workers.

Obama noted that they had also discussed the new START treaty with Russia on reducing the two countries’ nuclear arsenals. “I reminded the room that this treaty has been vetted for seven months now; it’s gone through 18 hearings; it has support from senators of both parties; it has broad bipartisan support from national security advisors and Secretaries of Defense and Secretaries of State from previous administrations, both Democrat and Republican; and that it’s absolutely essential to our national security,” he said. “We need to get it done.”

Obama said they had also talked about the work of the bipartisan deficit reduction commission and the “difficult choices that will be required in order to get our fiscal house in order.”

“We discussed working together to keep the government running this year – and running in a fiscally responsible way,” he added. “And we discussed unemployment insurance, which expires today. I’ve asked that Congress act to extend this emergency relief without delay to folks who are facing tough times by no fault of their own.”

Obama admitted that none of these negotiations would be easy. “We have two parties for a reason,” he said. “There are real philosophical differences – deeply held principles to which each party holds. And although the atmosphere in today’s meeting was extremely civil, there’s no doubt that those differences are going to remain no matter how many meetings we have. And the truth is there’s always going to be a political incentive against working together, particularly in the current hyper-partisan climate. There are always those who argue that the best strategy is simply to try to defeat your opposition instead of working with them.”

He said that he held a private meeting without his staff present in which the congressional leaders said they would commit to working together to try to deal with the various problems without working “the Washington spin cycle.”

“They understand that these aren’t times for us to be playing games,” he said. “As I told the leaders at the beginning of the meeting, the next election is two years away, and there will be plenty of time for campaigning. But right now we’re facing some very serious challenges. We share an obligation to meet them. And that will require choosing the best of our ideas over the worst of our politics.”

Obama added that he looked forward to holding additional meetings, including at Camp David, noting that Senate Majority Leader Harry Reid, D-Nev., told him he had never been invited to Camp David before. “So I told him, well, we’re going to have to get them all up there sometime soon,” said Obama. “And I very much appreciate their presence today. I appreciate the tenor of the conversations. I think it will actually yield results before the end of the year, and I look forward to continuing this dialogue in the months ahead.”

Senate Minority Leader Mitch McConnell, R-Ken., said before the meeting he also thought the two sides could find agreement. “There’s no reason we shouldn’t be able to reach an agreement on taxes soon,” he said. “It’s unclear how long our friends across the aisle will continue to resist the message of the election and cling to the liberal wish list that got us a job-killing health care law, a `cap-and-trade’ national energy tax, an out-of-control spending spree, million more jobs lost, trillions more in debt, but not a single appropriations bill to fund the government or a bill to prevent the coming tax hikes.

“With just a few weeks left before the end of the year, they’re still clinging to the wrong priorities — instead of preventing a tax hike, they want to focus on immigration and Don’t Ask Don’t Tell — and, maybe, if there’s time left, see what they can do about jobs and the economy,” McConnell added. “Indeed, their entire legislative plan for the rest of the lame duck session appears to be to focus on anything except jobs — which is astonishing when you consider the election we’ve just had. Republicans aren’t looking for a fight. We’re appealing to common-sense and a shared sense of responsibility for the millions of Americans who are looking to us to work together not on the priorities of the left, but on their priorities. And those priorities are clear. Together, we must focus on the things Americans want us to do — not on what government wants Americans to accept. There is still time to do the right thing. The voters want us to show that we heard them, and Republicans are ready to work with anyone who’s willing to do just that.”

House Minority Leader John Boehner, R-Ohio, who is expected to become Speaker of the House in January, gave his conditional support after the meeting, “It’s encouraging to see President Obama acknowledge that the American people want us to focus on creating jobs and cutting spending, but now it’s time to act,” Boehner said in a statement after the meeting. “If President Obama and Democratic leaders come up with a plan in the lame-duck session to cut spending and stop all the tax hikes, they can expect a positive response from Republicans. If the lame-duck Congress is unable or unwilling to act, the new House majority will in January.”

Boehner also noted that President Obama has asked congressional leaders of both parties to select lawmakers to meet with administration officials in the coming days regarding the looming tax hikes scheduled to take effect on January 1. Boehner announced that Ways and Means Committee Ranking Member Dave Camp, R-Mich., would be the House GOP designee in these discussions.

Boehner added, “We appreciate President Obama’s interest in having informal discussions on stopping all the tax hikes, and we hope these talks are productive. At the same time, this is no substitute for action. Republicans made a pledge to America to cut spending and permanently stop all the tax hikes, and that’s exactly what we’re fighting for.”

By Michael Cohn
Accounting Today
4 End-of-Year Tax Tips You Can Use Right Now

4 End-of-Year Tax Tips You Can Use Right Now

1. Prepay Your Expenses, Using the Safe Harbor

Safe harbors are great.
IRS Regulation 1.263(a)-4(f) contains a safe-harbor rule that allows cash-basis taxpayers to prepay qualifying expenses up to 12 months in advance without challenge, adjustment, or change by the IRS.

Safe-harbor prepayments you make for calendar year 2010 may not go into 2012. This makes sense, since you may prepay only 12 months of 2010 qualifying expenses under the safe-harbor rule. For a cash-basis taxpayer, qualifying expenses include lease payments on business vehicles, rent payments on offices and machinery, and business and malpractice insurance.

Example 1. Sam Krueger, a cash-basis taxpayer, pays office rent of $1,500 a month. Today, he pays 12 months’ rent in advance. Mr. Krueger deducts $18,000 this year.

Example 2. Jim Ford dates and mails his $24,000 rent prepayment for 2011 on Friday, December 31, 2010. His landlord does not receive the payment in the mail until Tuesday, January 4, 2011. Here are the results:

Mr. Ford deducts $24,000 in 2010.

The landlord reports the income in 2011.

Mr. Ford gets what he wants–the deduction this year.

The landlord gets what he wants–next year’s 12 months’ rent in advance but taxable in the year he expected it to be taxable.

Had the landlord received the $24,000 rent in 2010, he would have paid taxes on the rent money in 2010.

Before sending a big rent check to the landlord, make sure the landlord understands the strategy. Otherwise, he might not deposit the rent check and, instead, return it to you. This could put a crimp in the strategy, since you operate on a cash basis.

Also, think proof. Remember, the burden of proof is on you. How do you prove that you mailed the check on December 31?

Answer: Send the check by certified or registered mail. The postal receipt shows the date it was mailed. The delivery receipt shows the date the landlord received the check.

2. Stop Collecting Income

This simple strategy is great for the cash-basis taxpayer and is rock-solid easy.

Want to pay less tax this year? Collect less income this year. How? Simply stop sending bills to your customers, clients, or patients until after December 31.

Example. Bill Bradley, a dentist, usually bills his patients and the insurance companies at the end of each week. During December, he does not send the bills. Instead, he accumulates the December bills and mails them the first week of January. Presto! He just avoided paying taxes on his December income by moving it to next year.

If Dr. Bradley invests his savings this year and then continues using this strategy and investing year after year, he can accumulate a significant new nest egg (realistically, tens of thousands of dollars), thanks solely to planning his cash receipts.

Dr. Bradley could combine this putting-off-his-cash-receipts strategy with a paying-his-bills-in-advance strategy to accumulate even more cash.

3. Buy Office Equipment

The overall 2010 limit on Section 179 expensing is $500,000. Qualifying items include personal property such as equipment, computers, desks, and chairs.

Lawmakers designed Section 179 expensing for the small business.

If you buy and place in service more than $2 million of qualifying Section 179 property during the year, you must reduce the $500,000 maximum benefit by one dollar for each dollar in excess of $2 million. If you are buying more than $500,000 in Section 179 assets, don’t worry too much about the fact that you can’t deduct all the assets in total. Remember, for 2010, you also have 50 percent bonus depreciation available.

Assuming you want deductions this year, the combination of Section 179 expensing and the newly reenacted 50 percent bonus depreciation makes this a very good year to buy Section 179 assets.

4. Pay Your Children for Business Chores

Did your under-age-18 children help you in your business this year? Did you pay them for their work?

You should.

Why? First, wages paid by the parent to the parent’s under-age-18 child for work done in the parent’s business are both deductible by the parent, and exempt from payroll taxes.

Thus, if you operate your business as a proprietorship or a single-member LLC, you face no payroll taxes on the W-2 wages you pay your under-age-18 child.

Second, your child can use the 2010 standard deduction to eliminate taxes on up to $5,700 in wages.

Third, your child can contribute up to $5,000 to a tax-deductible IRA and exclude that amount from taxable wages.

Example. Your child is age 14, and she has no earned income other than what she earns from you. You pay her $10,700 in fair market wages for work she actually does during the year. You deduct the $10,700 and pocket $4,280 because of your 40 percent tax bracket.

Your daughter collects the $10,700 and pays zero federal income taxes because the IRA deduction removes $5,000 from taxable income, and the standard deduction removes $5,700 from taxable income.

Your family unit has $4,280 in additional spendable cash.

Key point. To avoid payroll taxes, the wages paid by the parent to the child must be on a W-2. If you use a 1099, you destroy payroll tax benefits because your recipient child will pay self-employment taxes on the 1099 income.

Corporation. If a corporation does the hiring, both your corporation and your child face payroll taxes. This is not a deal breaker for the strategy, but it does reduce the net family benefit. It is also a negative when considering the corporation as a possible choice of business entity.

Planning note. The kiddie tax does not apply to the child’s wages. The kiddie tax applies to unearned income, such as dividends, interest, rents, etc.

Wesley Snipes Goes to Jail

Wesley Snipes Goes to Jail

A federal judge has ordered actor Wesley Snipes to begin serving his three-year prison sentence on tax charges.
Snipes was convicted in February 2008 of three misdemeanor charges of failing to file his federal income tax returns for 1999, 2000 and 2001, but was acquitted of felony charges (see Snipes Sentenced to Three Years for Tax Charges). His attorneys appealed and asked for a new trial, arguing that the case should have been tried in New York, where Snipes lived, instead of Ocala, Fla. He remained free on bail pending the outcome of his appeal. However, an appeals court upheld the conviction in July (see Appeals Court Upholds Wesley Snipes Tax Conviction).
The actor’s attorneys then asked for a retrial, claiming “jury misconduct” after they received e-mails from two jurors who claimed that three other jurors told them during deliberations they had already made up their minds to convict the actor before his trial.
However, on Friday, U.S. District Court Judge William Terrell Hodges ruled that jurors were prohibited from testifying or offering an affidavit “about any matter that occurred during deliberations except for extraneous prejudicial information, outside influence, or a mistake in entering the verdict onto the verdict form.”
He ordered Snipes to begin serving his sentence. “The Defendant, Wesley Trent Snipes, is ordered and directed to surrender himself for execution of sentence upon receipt of notice from the United States Marshal or the Bureau of Prisons as to where, when and to whom he should report for that purpose,” he wrote.

Despite Snipes’ claim that he was tried before a prejudiced jury, the judge said the “Blade” actor had a fair trial. “The Defendant Snipes had a fair trial; he has had a full, fair, and thorough review of his conviction and sentence by the Court of Appeals; and he has had a full, fair, and thorough review of his present claims, during all of which he has remained at liberty. The time has come for the judgment to be enforced.”

Snipes was taken into custody over the weekend, TMZ reported, and was listed as “in transit” to a federal prison.

By Michael Cohn, Accounting Today