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Tennessee Tax Law Update : Changes in Grocery, Gift and Inheritance Taxes in Tennessee

Tennessee Tax Law Update

May 4, 2012  – Three bills were recently passed by Tennessee legislators and are important for you and your family. Governor Haslam is expected to quickly sign all three into law.

The first bill reduces the grocery tax from 5.5% to 5.25%. This bill, which passed unanimously, is scheduled to take effect on July 1.

The second retroactively repeals the Tennessee Gift Tax effective January 1, 2012. Currently, this tax applies to gifts over $13,000, and the tax rate ranges from 5.5% to 16%.  The federal gift tax exemption is $5.12 million, so you will have significant opportunities for gifting in 2012. Once the bill is signed into law, Connecticut will be the only state to impose this tax

The last one phases out the Tennessee Inheritance Tax by increasing the exemption and will completely eliminate it on January 1, 2016. Currently, this tax is levied on estates greater than $1 million.  The schedule for the phase out is:

2012 – $1,000,000 exemption
2013 – $1,250,000 exemption
2014 – $2,000,000 exemption
2015 – $5,000,000 exemption
2016 – Full Repeal

If you have questions about any of these tax laws, please contact the ATA office near you. Our partners would be happy to talk with you about them.

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ATA Named 6th Largest Accounting Firm in Tennessee : ATA Continues to Grow

Alexander Thompson Arnold PLLC Named
6th Largest Accounting Firm in Tennessee

Alexander Thompson Arnold CPAs has been named Tennessee’s sixth (6th) largest accounting firm by American City Business Journals. This ranking is based on the number of full-time certified public accountants with the firm. The firm is ranked eighth (8th) for total staff in Tennessee.

With 15 partners and approximately 140 other staff members, Alexander Thompson Arnold PLLC (ATA) is a regional accounting firm with offices throughout West Tennessee and Western Kentucky. ATA offices are located in Dyersburg, Henderson, Jackson, Martin, McKenzie, Milan, Paris, Trenton and Union City, Tennessee; and Murray, Kentucky. Each office reflects the community it serves and gives exceptional personal attention to clients.

“People are often surprised by how large our firm is, but ATA is not your typical large accounting firm,” said ATA’s Chief Manager Al Creswell, CPA. “While we offer the resources and expertise of a large firm, we deliver very personalized service that is customer-focused and excellence-driven. Basically, our team values you and works hard to help you succeed! We believe this unique approach is why we continue to grow.”

Since its inception in 1946, ATA has provided tax, accounting, auditing, business valuationemployee benefits plan audit and administration, and consulting services to individuals and organizations of various sizes includingfinancial institutionsgovernmental entities, utility systemsnot-for-profitsconstruction companies, healthcare providers, and a variety of private and public companies. The primary focus in providing these services is to help its clients be successful, achieve their missions and maintain financial accountability.

The firm is a member in good standing of the American Institute of Certified Public Accountants, the Tennessee Society of Certified Public Accountants, the Kentucky Society of Certified Public Accountants, the Private Companies Practice Section of the AICPA, and the BDO Seidman Alliance.

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ATA Announces Staff Enhancements : Alexander Thompson Arnold CPAs Hires Business Development Director and Promotes Accounting Staff

ALEXANDER THOMPSON ARNOLD CPAs ANNOUNCES STAFF ENHANCEMENTS

To celebrate growth and improve efficiency, Alexander Thompson Arnold CPAs has announced some staff enhancements.

Gil Fletcher has joined ATA as its new Director of Business Development. He will work in the Jackson office. A UT Martin graduate, Gil has retired twice: from a 33 year career in the banking industry and from a 3 year career as the Executive Director of the Humboldt Chamber. Utilizing his business experience, his efforts will compliment the firm’s relationship-focused marketing efforts to develop new business opportunities. He is married to ATA Principal Judy Fletcher.

Several team members have also received promotions for their hard work and dedication. They include:

  • Melanie Berry, CPA and Julie Travis, CPA have been promoted to Senior Manager,
  • Gabrielle Lorbiecki, CPA and Shelley Swearingen, CPA have been promoted to Manager; and
  • Chloe Humphrey is now a Senior Accountant.

 

“ATA continues to grow because we have such qualified and passionate team members,” said Al Creswell, CPAand Chief Manager, Alexander Thompson Arnold CPAs. “It’s my privilege to welcome Gil to our team and to recognize these individuals who are being promoted. These announcements reiterate our commitment to showing respect for our clients and staff and to striving for excellence in the accounting field.”

Alexander Thompson Arnold CPAs is one of the largest accounting and consulting firms in the Mid-South and was named the seventh largest accounting firm in the State of Tennessee by American City Business Journals in 2011. Founded in 1946, ATA offers a comprehensive array of tax, audit, accounting, consulting, and wealth management services. With offices located in Dyersburg, Henderson, Jackson, Martin, McKenzie, Milan, Paris, Trenton and Union City, Tennessee and Murray, Kentucky, ATA has 16 partners and approximately 140 team members.

Click here to read more news from ATA.

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ATA Announces Staff Promotions : ATA team members recognized for hard work and dedication.

Alexander Thompson Arnold CPAs Announces Employee Promotions

February 29, 2012

Alexander Thompson Arnold CPAs is proud to announce its staff members who have earned promotions.  They include:

  • Robin Russell, CPA (McKenzie, Tenn.) and Kim Wilson, CPA (Murray, Ky.) have been promoted to Senior Manager
  • Karie Spencer, CPA (Milan, Tenn.) and Regina Cooper, CPA (Jackson, Tenn.) are now Managers
  • Gabrielle Lorbiecki, CPA (Paris, Tenn.); Brittany Kissell, CPA (Union City, Tenn.); Josh Bard, Katie Blankenship and Russell Cook (all from Jackson, Tenn.) have been promoted to Senior Accountant

 

“ATA team members dedicate themselves to providing the highest quality accounting and auditing services to our clients,” said Al Creswell, CPA and Chief Manager, Alexander Thompson Arnold CPAs. “We are proud to recognize these individuals as they excel as leaders within the firm and as professionals.”

Alexander Thompson Arnold CPAs is one of the largest accounting and consulting firms in the Mid-South and was named the seventh largest accounting firm in the State of Tennessee by American City Business Journals in 2011. Founded in 1946, ATA offers a comprehensive array of tax, audit, accounting, consulting, and wealth management services. With offices located in Dyersburg, Henderson, Jackson, Martin, McKenzie, Milan, Paris, Trenton and Union City, Tennessee and Murray, Kentucky, ATA has 15 partners and approximately 140 team members.

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Pass Those Tests : Are you putting the correct amount in your 401(k)

Pass Those Tests

Unless your 401(k) plan has adopted a “safe harbor” design, is a SIMPLE 401(k), or contains a qualified automatic contribution arrangement (QACA), you must perform the actual deferral percentage (ADP) nondiscrimination test each year.

The ADP test compares the average rate at which highly compensated employees defer salary with the average deferral rate for nonhighly compensated employees. The difference between the highly paid and the lower paid employees must be within certain defined limits. If it isn’t, you must correct the excess contributions made by the highly compensated employees.

Correcting Excess Contributions

You have three basic correction options. The first is to refund the excess contributions. While refunds can be made anytime within 12 months of the close of the plan year, a 10% excise tax applies to excess contributions not returned within 2 and a half months after plan year-end. With either option, the amounts will be taxable to the employees.

If allowed by the plan, an excess contribution made by an employee who is age 50 or older may be treated as a catch-up contribution, to the extent the employee hasn’t already made the maximum allowable catch-up contribution for the year. This treatment avoids the need to recharacterize or refund the excess amount.

The third option is to make additional qualified nonelective contributions (QNECs) or qualified matching contributions (QMACs) to nonhighly compensated employees. Such contributions will be treated as elective contributions for ADP testing purposes until the plan satisfies the nondiscrimination test.

Ways To Avoid Failure

If your plan has failed the ADP in the past or is likely to this year, you might want to look at adding automatic enrollment and automatic contribution escalation features to your plan (see “Automate Your Plan”). Both of these features are proven to increase plan participation by lower paid employees.

Alternatively, or in addition to adding these plan features, you may want to ramp up your employee education efforts to reach lower paid and nonparticipating employees. Some approaches to consider: a targeted, personalized campaign of e-mails and/or paycheck stuffers stressing the benefits of participating in your plan, mandatory enrollment/education seminars on company time, posters in areas/departments with high concentrations of lower paid employees, and small prize incentives for attending retirement education/enrollment seminars or enrolling.

Studies show that offering matching contributions usually increases plan participation. If you don’t currently offer a match or you discontinued your match during the recent economic downturn, consider offering one or bringing your company match back. Lower paid employees are often the ones most influenced by matching dollars. Those who participate frequently contribute up to the employer matching percentage. Consequently, changing your match structure from 50% on the first 4% of pay to 25% on the first 8% of pay could increase participant contributions without increasing your monetary outlay.

If you think your plan is in danger of failing the nondiscrimination tests, talk with Jerry Smith. He will help you analyze your options, including adopting a safe harbor plan design.

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Clarification for 1099 Questions : Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011

Clarification for 1099 Questions

On April 14, 2011, President Obama signed into law H.R. 4, the “Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011.”  This law is very short and basically includes four items.

1) The requirement for rental property owners to issue Form 1099 starting with 2011 payments is repealed as if it never existed. This means landlords do NOT need to issue Form 1099.

2) The requirement for businesses to issue Form 1099 for products starting with 2012 payments is repealed as if it never existed.

3) The requirement for businesses to issue Form 1099 to corporations starting with 2012 payments is repealed as if it never existed. However, the requirement to issue Form 1099 to corporations for attorney’s fees or medical or healthcare services is still in effect.

4) The fourth provision is not a Form 1099 issue and involves a provision dealing with the repayment of overpayments of health care credits for lower income taxpayers and doesn’t start until 2014.

If you have questions or need more information, please call us. We would be happy to talk with you at any time.

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Mileage Rate Announced : The IRS Announced the 2012 Mileage Rates

IRS Announces 2012 Mileage Rates

On December 9, the IRS announced the standard mileage rates for 2012 (Announcement 2012-1).  Taxpayers can use the optional standard mileage rates to calculate the deductible costs of operating an automobile.

The 2012 rates are:

  • For business use of an automobile remains at 55 1/2 cents per mile.
  • For medical or moving expenses, it is 23 cents per mile.
  • For services to charitable organizations, the rate is 14 cents per mile.

Instead of using the standard mileage rates, taxpayers can use their actual costs but must maintain adequate records and be able to substantiate their expenses.

For automobiles used for business purposes, the portion of the business standard mileage rate treated as depreciation is 23 cents per mile for 2012, which is a one (1) cent increase from 2011 rates.

Please let us know if you have any questions.

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Badgett Payne and Warren CPAs Merges with ATA : ATA welcomes BPW Staff and Clients

BADGETT PAYNE & WARREN CPAs MERGES WITH ALEXANDER THOMPSON ARNOLD CPAs

The November 1, 2011 merger of Alexander Thompson Arnold CPAs and Badgett Payne & Warren CPAs brings two firms with a common history back together.
This merger brings the legacies of Grady Arnold and Tom Badgett full-circle. In the 1950s, Grady Arnold and Tom Badgett were partners in Arnold & Badgett CPAs. In 1976, the professionals decided to go different directions. Mr. Arnold’s firm became known as Alexander Thompson Arnold CPAs, and Mr. Badgett’s firm became known as Badgett Payne & Warren CPAs. Effective November 1, 2011, the two firms have decided to join forces again after 35 years apart.
The Badgett Payne & Warren staff moved into ATA’s office at 227 Oil Well Rd., Jackson on November 1. Barbara Badgett, Houston Payne, and Tommy Joe Warren will be principals with ATA. They and their staff will continue to care for their clients with the same level of professionalism and integrity. Now, they will have the resources of the seventh (7th) largest firm in Tennessee at their disposal as well.
“I started working for this firm when it was Arnold & Badgett,” said Winston Truett, Alexander Thompson Arnold CPAs’ senior partner in Jackson. “It is very exciting for us to be under the same roof again — sharing our rich heritage of personalized service and accounting expertise. This will definitely open the door for continued growth and prosperity for the firm.”
“When you spend your life building a business based on your name, you want to maintain that integrity no matter what,” said Houston Payne, CPA. “We have worked with the folks at ATA on various levels throughout the years and have been consistently impressed with their local focus and high standards of service. Our staff and our clients can rest assured that they will see many positive things from this merger and will continue to work with the same employees they know and trust.”
“Joining forces with ATA has been very exciting for Barbara, Houston and me, because we’re seeing how our clients will benefit from this partnership for years to come,” said Tommy Joe Warren, CPA. “Without a doubt, our clients and staff have been at the heart of this decision. We will still be working with our clients, but we’ll have so many more opportunities for growth as part of Alexander Thompson Arnold.”
Alexander Thompson Arnold CPAs is one of the largest accounting and consulting firms in the Mid-South and was named the seventh largest accounting firm in the State of Tennessee by American City Business Journals in 2011. Founded in 1946, ATA offers a comprehensive array of tax, audit, accounting, consulting and wealth management services. With offices located in Dyersburg, Henderson, Jackson, Martin, McKenzie, Milan, Paris, Trenton and Union City, Tennessee and Murray, Kentucky, ATA has 16 partners and approximately 140 team members.

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Year-End Tax-Planning Moves for Businesses : This checklist describes actions businesses can take to save taxes.

Year-End Tax Planning Moves for Businesses & Business Owners

This checklist describes actions businesses and business owners can take to save money.
Businesses should consider making expenditures that qualify for the business property expensing option. For tax years beginning in 2011, the expensing limit is $500,000 and the investment ceiling limit is $2,000,000. And a limited amount of expensing may be claimed for qualified real property. However, unless Congress changes the rules, for tax years beginning in 2012, the dollar limit will drop to $139,000, the beginning-of-phaseout amount will drop to $560,000, and expensing won’t be available for qualified real property. The generous dollar ceilings that apply this year mean that many small and medium sized businesses that make timely purchases will be able to currently deduct most if not all their outlays for machinery and equipment. What’s more, the expensing deduction is not prorated for the time that the asset is in service during the year. This opens up significant year-end planning opportunities.
Businesses also should consider making expenditures that qualify for 100% bonus first-year depreciation if bought and placed in service this year. This 100% first-year writeoff generally won’t be available next year unless Congress acts to extend it. Thus, enterprises planning to purchase new depreciable property this year or the next should try to accelerate their buying plans, if doing so makes sound business sense.
Nail down a work opportunity tax credit (WOTC) by hiring qualifying workers (such as certain veterans) before the end of 2011. Under current law, the WOTC won’t be available for workers hired after this year.
Make qualified research expenses before the end of 2011 to claim a research credit, which won’t be available for post-2011 expenditures unless Congress extends the credit.
If you are self-employed and haven’t done so yet, set up a self-employed retirement plan.
Depending on your particular situation, you may also want to consider deferring a debt-cancellation event until 2012, and disposing of a passive activity to allow you to deduct suspended losses.
If you own an interest in a partnership or S corporation, you may need to increase your basis in the entity so you can deduct a loss from it for this year.
These are just some of the year-end steps that can be taken to save taxes. Call us, so we can tailor a particular plan that will work best for you.

Source: 2011 Thomson Reuters/RIA. All rights reserved.

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Year-End Tax Planning Moves for Individuals : This checklist describes actions individuals can take to save taxes.

Year-End Tax Planning Moves for Individuals

This checklist describes actions individuals can take to save taxes.
Increase the amount you set aside for next year in your employer’s health flexible spending account (FSA) if you set aside too little for this year. Don’t forget that you can no longer set aside amounts to get tax-free reimbursements for over-the-counter drugs, such as aspirin and antacids.
If you become eligible to make health savings account (HSA) contributions in December of this year, you can make a full year’s worth of deductible HSA contributions for 2011.
Realize losses on stock while substantially preserving your investment position. There are several ways this can be done. For example, you can sell the original holding, then buy back the same securities at least 31 days later. It may be advisable for us to meet to discuss year-end trades you should consider making.
Postpone income until 2012 and accelerate deductions into 2011 to lower your 2011 tax bill. This strategy may enable you to claim larger deductions, credits, and other tax breaks for 2011 that are phased out over varying levels of adjusted gross income (AGI). These include child tax credits, higher education tax credits, the above-the-line deduction for higher-education expenses, and deductions for student loan interest. Postponing income also is desirable for those taxpayers who anticipate being in a lower tax bracket next year due to changed financial circumstances. Note, however, that in some cases, it may pay to actually accelerate income into 2011. For example, this may be the case where a person’s marginal tax rate is much lower this year than it will be next year.
If you believe a Roth IRA is better than a traditional IRA, and want to remain in the market for the long term, consider converting traditional-IRA money invested in beaten-down stocks (or mutual funds) into a Roth IRA if eligible to do so. Keep in mind, however, that such a conversion will increase your AGI for 2011.
If you converted assets in a traditional IRA to a Roth IRA earlier in the year, the assets in the Roth IRA account may have declined in value, and if you leave things as-is, you will wind up paying a higher tax than is necessary. You can back out of the transaction by recharacterizing the rollover or conversion, that is, by transferring the converted amount (plus earnings, or minus losses) from the Roth IRA back to a traditional IRA via a trustee-to-trustee transfer. You can later reconvert to a Roth IRA.
It may be advantageous to try to arrange with your employer to defer a bonus that may be coming your way until 2012.
Consider using a credit card to prepay expenses that can generate deductions for this year.
If you expect to owe state and local income taxes when you file your return next year, consider asking your employer to increase withholding of state and local taxes (or pay estimated tax payments of state and local taxes) before year-end to pull the deduction of those taxes into 2011 if doing so won’t create an alternative minimum tax (AMT) problem.
Take an eligible rollover distribution from a qualified retirement plan before the end of 2011 if you are facing a penalty for underpayment of estimated tax and the increased withholding option is unavailable or won’t sufficiently address the problem. Income tax will be withheld from the distribution and will be applied toward the taxes owed for 2011. You can then timely roll over the gross amount of the distribution, as increased by the amount of withheld tax, to a traditional IRA. No part of the distribution will be includible in income for 2011, but the withheld tax will be applied pro rata over the full 2011 tax year to reduce previous underpayments of estimated tax.
Estimate the effect of any year-end planning moves on the AMT for 2011, keeping in mind that many tax breaks allowed for purposes of calculating regular taxes are disallowed for AMT purposes. These include the deduction for state property taxes on your residence, state income taxes (or state sales tax if you elect this deduction option), miscellaneous itemized deductions, and personal exemption deductions. Other deductions, such as for medical expenses, are calculated in a more restrictive way for AMT purposes than for regular tax purposes. As a result, in some cases, deductions should not be accelerated.
Accelerate big ticket purchases into 2011 in order to assure a deduction for sales taxes on the purchases if you will elect to claim a state and local general sales tax deduction instead of a state and local income tax deduction. Unless Congress acts, this election won’t be available after 2011.
You may be able to save taxes this year and next by applying a bunching strategy to “miscellaneous” itemized deductions, medical expenses and other itemized deductions.
If you are a homeowner, make energy saving improvements to the residence, such as putting in extra insulation or installing energy saving windows, and energy efficient heaters or air conditioners. You may qualify for a tax credit if the assets are installed in your home before 2012.
Unless Congress extends it, the up-to-$4,000 above-the-line deduction for qualified higher education expenses will not be available after 2011. Thus, consider prepaying eligible expenses if doing so will increase your deduction for qualified higher education expenses. Generally, the deduction is allowed for qualified education expenses paid in 2011 in connection with enrollment at an institution of higher education during 2011 or for an academic period beginning in 2011 or in the first 3 months of 2012.
You may want to pay contested taxes to be able to deduct them this year while continuing to contest them next year.
You may want to settle an insurance or damage claim in order to maximize your casualty loss deduction this year.
Purchase qualified small business stock (QSBS) before the end of this year. There is no tax on gain from the sale of such stock if it is (1) purchased after September 27, 2010 and before January 1, 2012, and (2) held for more than five years. In addition, such sales won’t cause AMT preference problems. To qualify for these breaks, the stock must be issued by a regular (C) corporation with total gross assets of $50 million or less, and a number of other technical requirements must be met. Our office can fill you in on the details.
If you are age 70- 1/2 or older, own IRAs, and are thinking of making a charitable gift, consider arranging for the gift to be made directly by the IRA trustee. Such a transfer, if made before year-end, can achieve important tax savings.
Take required minimum distributions (RMDs) from your IRA or 401(k) plan (or other employer-sponsored retired plan) if you have reached age 70- 1/2. Failure to take a required withdrawal can result in a penalty of 50% of the amount of the RMD not withdrawn. If you turned age 70- 1/2 in 2011, you can delay the first required distribution to 2012, but if you do, you will have to take a double distribution in 2012 — the amount required for 2011 plus the amount required for 2012. Think twice before delaying 2011 distributions to 2012 — bunching income into 2012 might push you into a higher tax bracket or have a detrimental impact on various income tax deductions that are reduced at higher income levels. However, it could be beneficial to take both distributions in 2012 if you will be in a substantially lower bracket that year, for example, because you plan to retire late this year.
Make gifts sheltered by the annual gift tax exclusion before the end of the year and thereby save gift and estate taxes. You can give $13,000 in 2011 to each of an unlimited number of individuals but you can’t carry over unused exclusions from one year to the next. The transfers also may save family income taxes where income-earning property is given to family members in lower income tax brackets who are not subject to the kiddie tax.
These are just some of the year-end steps that can be taken to save taxes. Contact us, and we can tailor a plan that works best for you.

Source:  2011 Thomson Reuters/RIA. All rights reserved.