Wednesday, November 21, 2007

Good morning Joe,
You did quite a bit of research. Your research is absolutely correct and also most of your assumptions. I will try to make it real short so you understand the flow and the implications on your tax return.
The contributions you make to Educational Accounts work in a similar manner as a IRA account. Since the accounts are used for educational purposes, you can take the deduction in the year(s) of contribution and also the earnings accumulate tax free. However, as you said if you use if for any other purpose other than education then they trigger a taxable event. You get the deduction only once, either in the year of contribution (if you have an account, as in your case) or in the year of actual expenditure. If you are allowed to deduct the contributions and also the expenses then it will be double-dipping as you mentioned. However, if you incurr any additional out of expenses as you indicated (that you will upto $1,000) they are deductable. I live in NC and the rules are similar as in MD and will have similar implications as your federal return.

I believe, even though you would not get any benefits in the coming years, you made a right decision to fund educational accounts for your kids. Some of the reason(s) why I say that is that
1) Your AGI was not the same as it is now when you started funding, that reduced your taxable income and also your income taxes.
2) Your AGI currently is at a level where the actual expense deduction you will incur may phase out or limit the deduction, plus even if you qualify for a full deduction, the maximum deduction that you may get is $6,000
3) Peace of mind that you would not have to worry about your kids education.

However, it would have been in your favor if your AGI was lower than you indicated earlier.

I wish you and your kids Good Luck. BTW, your original post is on my blog under another post, and thanks for your kind work. I will post this entire email on my blog.

A S Mehdi
Email Received from Joe
Mr. Mehdi:

Posting on your website is terrific. I'm glad that you are offering the free advise. It is difficult, however, it place my questions in the little square box on your site. Feel free to place this email on the website if you'd like to be able to share my questions with the general public. I noted that I cannot find my original posted questions you've answered below on the website. Where do they reside? Can they be seen on your website?

I don't think I told my story well enough in my original posting, so I will try to elaborate here.

As I think I mentioned, my son is going to college as a new freshman this fall in 2007. I am funding his tuition with a prepaid MD college plan (IRS calls them a Qualified Tuition Program). As I've since read (after posting questions to your site), I am unable to claim any education deductions on my federal taxes with the funds I used to pay into the MD prepaid college trust (see section 8 of Publication 970). The reason is that it is considered an investment where the dividends and gains are tax free, so I cannot write off the fees(bummer) even though they are used to pay the tuition (a qualified expense). I would like for you to confirm this, however.

I funded the prepaid college trust with monthly payments, and also I paid off the last $3000 or so of the plan with proceeds from my son's Education IRA. These days, an education IRA is referred to as a Coverdell Education Savings Account.
Coverdell ESAs are not really IRAs, other than that the dividends and gains are tax free until they are cashed in, and they are normally cashed in when the beneficiary (my son) goes to college. The money taken out, if used for education expenses, are tax free. It has nothing to do with retirement.

The complication I'm dealing with is that I transferred the Coverdell funds to the MD prepaid (529) college trust, which is allowed.

When I sent you the earlier email, I was hoping that I could get an education deduction utilizing either the Hope or lifetime learning credit. But from what I've read, since I paid for his tuition with the 529 prepaid plan, I get no deduction. As an added note, his room and board and books are paid by one of his other relatives, so I get no deduction for those fees either.

There are some special fees that I have had to pay to the school which the pre-paid trust will not cover. I am hoping I can include those as write offs, but I will have to check whether I make too much money to do that. Also, those write offs may only total less than $1000, so the impact might be minor.

The only remaining question I really have (if you confirm what I assume to be true as correct regarding no write off of prepaid monies), is what about my state income tax write off? I don't believe you are located in MD, but maybe you have a way of checking on this. It might be similar in your state.

MD allows a write off of up to $2500 per tax year per account on fees paid to the pre-paid trust. I started the plan late enough that I have been paying much more than $2500 for each of my children each year, but the max I have been writing off is $2500 as allowed. The additional money is supposed to be able to be written off in later years until the total amount (about $20,000 or so) is fully written off.

My question has to do with whether I can write off all $20,000 for my son over time if part of the monies paid came from a Coverdell ESA? My suspicions are that this would be considered double-dipping by the state since the dividends from the Coverdell ESA were tax free. I'm guessing that I would only be able to deduct yearly those monies which were paid separately from the Coverdell funds (totaling, as I said before, about $3000 of the $20,000).

My question on the state income tax may be too specialized for you to address. But the other question (on whether I can write off any of the money paid to the college from a pre-paid college trust as part of a Hope or Lifetime Learning credit) should become a fairly common question for Accountants now that Baby-Boomers like myself are seing their kids go off to college. But it seems that Publication 970, section 8 is clear that no write off is allowed. I'm beginning to think that the prepaid plan wasn't such a great idea afterall.

See what you can come up with to help me.

Joe

Tuesday, November 20, 2007

Good morning Joe, thank you very much for posting on my blog.

Regarding your first question you can claim Hope credit for first two years of college and later on you can claim lifetime learning credit. Your credit will be limited to $4000 in tuition expenses. Your tuition and fees deduction will be disallowed if your AGI exceeds $160,000.

The answer to your second question would be that if you are not retired (I assume that you are not 59 1/2 yrs old) and withdraw funds from your retirement or an IRA account then you will have to disclose that portion of income and will pay income taxes on it, however, you will not be penalized for early withdrawl as your distribution will be considered "Early Distribution, exception applies ".

I hope this helps. Please feel free to post if you may have more questions.


Your Personal Accountant.

Thursday, August 30, 2007

Jeff, I am sorry to hear that you went out of business. I am trying to answer here based on the information you have provided however, I would advice that you get in depth analysis of you situation. Your accountant is right. You would have to pay taxes on the amount of cancellation of debt. Let me give you an example.If your business borrowed $500,000 and you co-signed or was the guarantor. You used the $500,000 to purchase some assets say machinery with a life of 5 years. Your book value was $500,000 at the time of purchase. You depreciated the property using straight line method of depreciation. Two years down the line you had to file bankruptcy. At this point you had the balance of loan down to $400,000 (paid off $100,000 of loans out of $500,000). Lets say you sold the machinery which has a book value of $300,000 ($500,000 purchase price less $200,000 depreciation for 2 years) for $350,000. Here you will have a gain of $50,000 which you will have to recognize as Capital gain. Your business (S Corp) files bankruptcy, since you are guarantor you are personally liable to pay the loan off in case the corporation is unable to pay. There is no cancellation of debt here. But, if you are also completely relieved of the liability or upto the amount of debt that you wont have to pay back then you would have to disclose the relief of debt as Income from Cancellation of debt and you would pay taxes on the money depending upon your tax bracket. For example: out of the $400,000 debt $200,000 was relieved then you have to recognize the $200,000 of cancellation of debt as income and pay taxes on it. Whether or not you have any money to pay taxes or you are in a position to pay taxes is a different chapter. If after bankruptcy you are left with nothing then there are other alternatives you can use to minimize the amounts that you can settle your tax bill with IRS.
I hope I answered your question. If you have anyspecific question then please eloborate your question in detail (you dont have to submit personal information, you can make up an example to resemble yours) and I will be glad to respond.Good Luck.

Friday, July 27, 2007

Eric, I am in a professional environment. I always deal with individuals making lots more than $95,000 a year. You can start a business, you can be a car sales person (to be specific), go into real estate, e.t.c Getting education is very important, as it changes a individuals perspective. Most people see a degree as a way to make more money, they are not wrong but for me education enhances your abilities and skills to think of different possible outcomes for a given problem. I hope I was able to help, but please do keep in mind that I am a professional and my expertise is coming up with tax saving strategies both short and long term, but I am not an expert and I'm not in a position to give you best advice on how you can exactly make $95,000 a year.

Good luck.

Thursday, July 26, 2007

Dear Ananomous, the expenses you have to incur in order to generate income are deductible expenses. This scenerio does not work effectively if you are a w-2 employee, however, if you are working as an independent contractor, as in your particular case you will be working 65 miles away from your home as independent contractor on commissions, the expenses you incur will be deductible. Some of these expenses are rent, travel, gasoline, car maintenance and meals (only 50% is deductible).

Wednesday, July 25, 2007

Hello again. Its been almost one month since I have started this blog. From the time of starting this blog only one ananomous user has asked me a question and I responded. Since, the blog is new I did a lot of online and offline marketing. I told about the blog to my friends, family members and also my students. I received quite a bit of encouragement about starting the blog, until recently one of my student asked me WHAT IS THE CATCH? Then I realized that all my marketing efforts have been wasted as nobody offers these services for FREE.

I am a simple guy, I believe in honesty, not in the fine print you see in contracts. My blod offers FREE SERVICE, no fine print, no games, no gimmicks, no submission of email address or any personal information. Just ask a question and I will answer. Its that simple. You don't even need to submit your name.

I hope this post will encourage you all visitors to take advantage and start saving.

Good Luck.

Friday, June 22, 2007

Ask The Accountant

Welcome to my Blog!

I am an Accountant and I have set this blog up for every body who is seeking an answer for their personal finance, accounting and taxes. I will be posting very frequently on different tax saving tips. If you have any questions or comments please feel free to contact me.

Thanks for visiting my blog.

Ashraf S. Mehdi