Stewart Law, P.A., a boutique corporate, trusts, and estates firm in Charlotte, North Carolina is proud to announce that Founding Partner, Todd A. Stewart has been recognized as Best Lawyers in America® 2020 in Charlotte, NC. The Best Lawyers in America® program is the oldest and among the most respected attorney ranking services in the world. Todd was selected in the trusts and estates category. Attorneys named to Best Lawyers lists are recognized by their peers in the legal industry for their professional excellence in specific practice areas. To read their recently released press release click here.
Category: Corporate Governance
Q&A: Qualified Opportunity Zones
Why would I be interested in Qualified Opportunity Zones (QOZs)?
This new tax provision was created to spur investment in certain under-performing economic areas known as Qualified Opportunity Zones. You can find a map of North Carolina’s zones here.
Investing in a QOZ is one of the few opportunities in the tax code to defer (and possibly eliminate) tax on gains. Thus, you can put the whole amount of your proceeds from a sale to work rather than the proceeds less income taxes.
How long can I defer paying taxes on my gain?
Until you sell or exchange your interest in the fund that invests in the QOZ or until the deferral period ends on December 31, 2026, whichever comes first.
Besides deferral, are there other tax advantages?
Yes – 10% of the gain will be completely eliminated (not just deferred) if your eligible investment is held for at least 5 years. If you hold for 7 years, then another 5% of the deferred gain will be eliminated. After holding the investment for 10 years, tax on appreciation of your investment in the fund is eliminated, though at this point the investment would need to be sold or exchanged before December 31, 2047 to achieve this.
What gains can be deferred?
Capital gains, such as gains from the sale of stocks, bonds, and mutual funds. Individuals selling businesses or highly appreciated publicly-held stocks will likely be among those most often looking to explore this tax incentive.
If you have any questions regarding Qualified Opportunity Zones, or if you are interested in techniques to defer, or possibly eliminate, income tax on certain gains from sales, please contact us to speak with one of our attorneys.
*Intended as general guidance only and not as legal advice.
Align Your Three Bottom Lines
By Todd A. Stewart, Founding Partner
On May 20, 2019, I was in a program with author Kevin W. McCarthy where he talked about his book, Chief Leadership Officer: Increasing Wealth So Everyone Profits. Many good takeaways and I particularly like the idea of aligning your three bottom lines: Financial, People and Purpose. If you want more information, the website is: http://chiefleadershipofficer.com/.
*Intended as general guidance only and not as legal advice.
Avoiding Self-Employment (SE) Tax With LLC
Saving self-employment (SE) tax on the business earnings of a partner or sole proprietor can be significant, with rates from 2.9% to 15.3%. Partners in some cases have avoided this SE tax on their distributive share for an interest as a limited partner in a limited partnership (LP).
Today, however, LLCs are in much more common use than LPs for business and investment purposes. This makes it unfortunate that it’s still not clear that a passive member of an LLC can avoid the SE tax. Recently though, the Tax Court allowed limited partner treatment to a passive member of an LLC (the case was Hardy v. Commissioner.)
There are some steps you can take to help secure this treatment for your passive interest in an LLC and, depending on the circumstances, you may still want to go with an LP structure if this type of tax savings is particularly important.
If you’d like to further discuss your business structure or any other tax savings ideas, please contact us to speak with one of our attorneys.
** The information contained in this communication is not intended to constitute legal, accounting or tax advice.
A Possible Reduced-Rate Roth Conversion for Business Owners
Here’s an idea that can be very powerful for some business owners. The 2017 Tax Act provides business owners with a 20% deduction on their business profits (Qualified Business Income or QBI). The catch is that the 20% is applied to taxable income if that’s lower. In other words, if taxable income is going to be lower than QBI, then you miss the opportunity to have some income that will receive a 20% deduction.
Therefore, if you accelerate income, some of the cost of doing so will be eliminated by the increase you are creating with a larger QBI deduction. There are a number of ways to accelerate income. However, one of the most exciting ones is creation of an account that can grow tax free and be withdrawn on a tax-free basis: the Roth IRA.
In conclusion, if your 20% deduction is not being applied to your full QBI, then check with your CPA and financial advisor about a Roth conversion. You may be able to create an income tax-free account at a reduced cost.
*Intended as general guidance only and not as legal advice.
4 Ideas for Deferring Taxable Income to Next Year
Deferring taxable income to a later year is often an effective strategy for paying less in income taxes and keeping more of your wealth working for you. For example, if you are organized as an S Corporation or Partnership for income tax purposes and anticipate being in the same or a higher tax bracket in 2018 than in 2019, then you may benefit from deferring income into 2019.
Here are four ways you might achieve this:
(1) Cash Method of Accounting
The Tax Cuts and Jobs Act (TCJA) expanded the number of businesses that can use the cash method of accounting. This can be important for you because often you are better able to accelerate deductions and defer income by adopting the cash (versus accrual) method of accounting. It’s not too late to implement this idea because an automatic change to the cash method can be made by the due date of the tax return including extensions. Who can make this change? Sole proprietors, partnerships, and S corporations can change to the cash method of accounting without regard to their average annual gross receipts so long as inventories are not a material income-producing factor. C corporations (or partnerships with a C corporation partner) with average annual gross receipts of $25 million or less for the prior three taxable years can make an automatic change to the cash method.
(2) Delay Billing
If you are on the cash method, delay year-end billing to clients so that payments are not received until 2019.
(3) Installment Sales
Generally, a sale occurs when you transfer property. If
(4) Interest and Dividends
Interest income earned on Treasury securities and bank certificates of deposit with maturities of one year or less
If you’d like to further discuss any of these or other tax savings ideas, please call and speak with one of our attorneys.
** The information contained in this communication is not intended to constitute legal, accounting or tax advice.
