Moore Colson Newsletter - May 2005

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The ins and outs of equipment leasing

Leasing has gained popularity as a financing alternative for funding the equipment needs of many businesses. You can lease virtually anything — from manufacturing tools to office communication devices, computers, furniture and more.

How it works

With a lease agreement, a monthly usage fee is paid to a lesser — a finance company, bank or other firm — that retains ownership of the equipment. At the end of the lease, you may purchase the equipment at market or a discounted value. Canceling a lease early can lead to hefty penalty fees.

Many business owners find that leasing helps them effectively manage asset costs, increase operational flexibility and reduce the risk of asset ownership. And while leasing represents a liability, it’s not viewed as debt. This is an important factor when applying for a loan or credit.

Leasing strategy is key

Leasing does present some challenges. It adds to the overall complexity of asset management, especially if you have numerous agreements to manage. For example, approving just one contract can take weeks because you’ll need input and approval from corporate lawyers as well as financial, tax and insurance specialists.

Mismanaging leasing arrangements can pose financial risks, such as inefficient allocation of resources, and inconsistent and unfavorable lease terms. Because of the Sarbanes-Oxley Act of 2002, issues may arise with capturing and documenting details about lease obligations and properly characterizing and reporting them as off-balance-sheet transactions and commitments.

You can overcome these challenges with a three-pronged leasing strategy designed to improve efficiency and streamline administration:

  1. Use an automated lease management or contract management system to enhance your understanding of leasing activity across all your business units and departments. This will help you efficiently track assets and their contract expiration dates and renewal options as well as negotiate better terms and pricing.

  2. Keep abreast of ever-changing business needs by integrating your lease management system with your company’s enterprise resource planning and other systems and tools.

  3. Leverage technology, such as wireless global positioning systems and radio frequency identification tags, for locating, tracking and managing leased equipment to ensure effective use of resources and return of equipment at the end of a lease.

Keep in mind that enforcing companywide standards and procedures helps ensure consistent and favorable lease terms.

Leasing vs. buying

Leasing may offer a great financing alternative, but how do you know if it’s really better than buying equipment outright? Making the right decision starts with comparing the two options in terms of associated funding and tax expenses, and residual value. Other factors to consider include:

Cash flow. If you need to preserve cash, leasing requires a lower initial cash outlay and allows you to spread out your equipment investment over time. Also, while a security deposit may be required, leasing often doesn’t require a down payment.

Financial options. Ordering new equipment may be easier, as leasing also often provides the option of expensing monthly rental fees vs. depreciating equipment costs.

Latest technology capabilities. If having state-of-the-art equipment is a requirement for your business to successfully compete, then leasing may be the answer. That’s because you can upgrade technology capabilities as needed, without worrying about selling off or donating obsolete equipment.

Enjoy more value

Leasing may be a more cost-effective choice over buying when cash is tight, financing for purchases is difficult to obtain or your long-term business needs are uncertain and subject to change. By developing a well-conceived leasing strategy, you can minimize associated complexities and costs and maximize the potential benefits for your operations.

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Coming soon to a family near you

The Working Families Tax Relief Act of 2004 was a $146 billion tax cut package that extended a number of tax breaks for individuals. These included accelerated tax cuts from the 2001 and 2003 tax acts that were scheduled to expire at the end of 2004. Without these extensions, many individual taxpayers would have seen a significant jump in their 2005 tax bill.

The law also includes a new uniform definition of “child.” The new definition will apply throughout the tax code and, it is hoped, will eliminate the confusion over who qualifies as a child for a variety of deductions and credits. Additionally, the new law reinstated and extended several expired business incentives. (See “Business highlights of that ‘other’ tax law” in this issue.)

Extended through 2010

Child tax credit. Previously scheduled to drop to $700 in 2005, this credit will remain at $1,000 through 2010, providing relief to the many taxpayers who have come to depend on this tax break.

10% income tax bracket. The 10% tax rate will continue to apply to amounts up to $14,000 for married couples, $7,000 for singles and $10,000 for heads of households. Indexed for inflation, these amounts will be adjusted annually.

Marriage penalty relief. Married taxpayers filing joint returns will continue to receive the benefit of the 15% tax bracket and the standard deduction at twice the amount allowed for singles. This doesn’t eliminate the “penalty” for higher two-income couples, but does lessen it.

Extended through 2005

AMT exemption. The expanded alternative minimum tax (AMT) exemption amounts of $58,000 for married couples filing jointly and $40,250 for singles were scheduled to decrease in 2005. Now available through 2005, these exemption increases of $9,000 for a joint return and $4,500 for a single return will continue to lessen the AMT’s bite.

Other tax breaks that have been extended through 2005 include allowing nonrefundable personal credits, such as the Child and Dependent Care, education and Child Tax credits, to reduce AMT as well as regular tax; an above-the-line deduction of up to $250 for teachers; and contributions to Archer Medical Savings Accounts (MSAs).

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How to address poor employee performance

Not all employees are star performers. So if an employee exhibits marginal or poor performance, is he or she just a bad worker? Not necessarily.

Performance blasters

Employee performance may lag for a variety of reasons. For example, the worker may be:

  • Lacking needed technical skills and knowledge
  • Overwhelmed due to inexperience
  • Struggling with project or time management
  • Dealing with personal issues
  • Suffering from a physical or psychological health problem
  • Abusing drugs or alcohol

Rather than make assumptions, candidly express your concerns and give the individual an opportunity to explain. Then work with the employee in a positive, constructive manner to chart a performance improvement plan. Also ask what you, as a manager, can do to help.

Strategies for shining performance

In many cases, performance issues can be resolved through on-the-job coaching; training courses, educational seminars and workshops; and job aids or other self-help tools.

If these strategies fail, then reassess whether the individual’s skills would be better suited to a different role in your company. For non-work-related performance factors, recommend counseling and provide information about employee assistance, substance abuse or other company program resources. Termination should be your last option.

Performance rating reviews

Poor performance can also be the result of not fully understanding job responsibilities and company expectations. For every employee level, establish a formal review process that makes the following clear to the employee:

  • Overall purpose of his or her job
  • Specific responsibilities and priorities
  • Goals and expectations
  • Performance metrics and standards

Many employers believe an annual review is sufficient. This approach, however, doesn’t allow any opportunity for employees to improve before annual decisions are made regarding their advancement, compensation or other rewards. Rather, feedback should be documented and communicated periodically throughout the year.

To eliminate employee concerns about bias and confirm that you’re addressing the most important performance issues, consider soliciting input from employee business associates and customers. You should also consult a human resources professional or attorney to ensure you’re following appropriate review procedures.

Good for everyone

In the end, approaching your employees from a point of care and concern for their success and well-being can go a long way toward improving their performance and, thus, your business’s bottom line.

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A fairy tale come true?
Strategies for shifting income to your children


Once upon a time, parents could save a lot in taxes by shifting income to their kids. They would transfer stock or other taxable investments to a custodial account in the child’s name and the earnings would be taxed at the child’s lower tax rate. Then Congress passed the “kiddie tax,” making it harder to benefit from this strategy. Still, if you do a little planning, you can implement other strategies — such as hiring your kids or opening a 529 plan for them — to reduce your family’s tax bite.

The kiddie tax

The kiddie tax eliminated the tax advantages of shifting income to children under 14. This year, their first $800 in unearned income (such as interest, dividends and capital gains) is tax-free. Their next $800 is taxed at their rate, usually 10% or 15%. But any unearned income over $1,600 is taxed at their parents’ marginal rate.

For children age 14 or older, unearned income is taxed at their own rates. But the benefits are still limited, especially now that qualified dividends and long-term capital gains are taxed at a top rate of only 15% (5% for the two lowest tax brackets).

Suppose you give your 14-year-old $100,000 in stock earning an 8% rate of return. (You must file a gift tax return, which will use some of your $1 million lifetime gift tax exemption.) If you transfer the stock to a custodial account under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act, you can retain control until your child reaches the age of majority — age 18 or 21 depending on your state’s law.

The stock earns $8,000 a year in dividends and long-term capital gains, for a tax of $1,200 at your rates (15%). Assuming your child is in the 15% tax bracket, the income would be taxed at a 5% rate, for a tax of $400. In other words, you save $800 in taxes. But you may not want to part with $100,000 in assets that your child will have unrestricted access to in a few years for this small amount of tax savings.

Hiring your kids

If you’re a business owner, hiring your kids to work in your company can allow you to shift income while yielding greater tax benefits. When you employ your children, you don’t have to worry about the kiddie tax, which applies only to unearned income. Plus, you can deduct your children’s wages as a business expense, and if they’re under age 18 and your business is unincorporated, you won’t have to pay Social Security, Medicare or unemployment taxes.

Your kids are also entitled to a standard deduction (currently $5,000), which means their first $5,000 in earned income will be tax-free.
Let’s look at an example. Aurora has three children, Cindy, 14, Ariel, 15, and Belle, 16. She hires all three to work part-time in her unincorporated textile business. Cindy sweeps the floors, Ariel answers the phones and Belle helps keep the books.

Aurora pays each child $8,000 per year, contributing $3,000 of that amount to IRAs she has set up for them. Each child is entitled to the $5,000 standard deduction and a $3,000 deduction for the IRA contribution. The entire $8,000 is federal-tax free, and Aurora deducts $24,000 in wages for a tax savings of $8,400, assuming she’s in the 35% income tax bracket. Alternatively, Aurora could contribute the $3,000 to Roth IRAs. The kids would have to pay income tax on that amount, but the funds could grow tax-free for decades.

When hiring your kids, be sure that they do real work and that their compensation is reasonable. If you pay your teenager $50,000 a year for part-time clerical work, the IRS may hit you with back taxes and penalties.

529 plans

If higher education is in your children’s future, investing in a 529 plan may be your best option for shifting income. These savings plans allow you to make significant cash contributions to a tax-advantaged investment account that’s similar to a Roth IRA.

Your contributions aren’t deductible, but the funds grow on a tax-deferred basis and distributions are tax-free if the beneficiary uses them to pay for qualified higher education expenses (including tuition, fees, books, supplies, equipment, and room and board). Nonqualified distributions are subject to income tax plus a 10% penalty.

Remember that some of the 529 plan’s advantages are set to expire at the end of 2010, unless Congress extends them. For example, starting in 2011, distributions used for qualified higher education expenses will be taxed at the beneficiary’s tax rate, which will likely be lower than your own.

Tax strategies with a happy ending

Unfortunately, there is no magic wand to reduce your tax bill. Shifting income, employing your children in your business and opening a 529 plan are just a few strategies that can give you a happy ending.

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Tax Tips

Get tax relief from summer day camp

Like many parents, you may send your children to day camp during the summer. But did you know you can receive a tax break? Day camp is a qualified expense under the Child and Dependent Care credit, which is worth 20% of qualifying expenses (more if your income is less than $43,000), subject to a cap. In 2005, the maximum expense allowed is $6,000 for two or more qualifying persons with a limit of $3,000 for one qualifying person.

Although overnight camp costs do not qualify for the credit, the cost of having a sitter watch your children in your home while you and your spouse work, or look for work, may.

Sharing your gains

To defer capital gains taxes, you can deduct charitable contributions of appreciated long-term stock by creating a charitable remainder trust (CRT). A CRT provides you with an annual income stream, plus it can sell the securities.

The benefit? You incur no capital gains taxes at the time of the sale. In effect, you receive an annuity based on the security’s fair market value at the contribution date and pay taxes only as you receive distributions. You also can receive a current income tax deduction for the remainder expected to benefit the charity, as determined by IRS tables.

By funding a CRT at your death, you can reap estate tax benefits. Income from the trust will go to a beneficiary of your choosing (rather than to you). When the trust term ends or the beneficiary dies, the remainder will pass to charity. Because you will be making a partial charitable donation at the time of your death, your estate will receive a deduction for a portion of the trust’s value.

HSA contributions made by partnerships and S corporations

Contributions made by a partnership or S corporation to a partner’s or shareholder’s Health Savings Account (HSA) are generally treated as payments to the individual and included in his or her gross income. Therefore, the IRS considers the contributions as made by the individual partners or shareholders and allows them to be an above-the-line deduction on their individual income tax returns.

Partnerships can approach contributions to partners’ HSAs in two ways. One approach is to treat them as distributions to the partner. Contributions are not deductible by the partnership and aren’t included in the partner’s self-employment earnings. But if contributions are for services rendered, you can treat them as guaranteed payments. Doing so allows the partnership to deduct the amount. The contributions will be included in the partner’s net self-employment earnings.

Meanwhile, contributions made on behalf of S corporation shareholder employees who own 2% or more of the stock are treated as wages and are not subject to payroll tax. The business can deduct the cost of the payment.

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