As we approach the end of the year, it is a time to remember that charitable donations have to made in the year you want to take the deduction. So if you want to save some on taxes this year, you need to complete your gift prior to the end of the year. A few reminders:

For clothes and household items, the items must be in good used condition. If you wish to make a deduction over $250, you should have an appraisal or receipt from the charity to which the items were donated.

For money donations, it is best to have the check cleared prior to the end of the year. This would include credit card transactions that show funds were actually received by the charity.

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Lastly, deductions are only allowed as taken as itemized deductions on Schedule A for individuals. This means that a charitable deduction, while beneficial to the organization, may not be tax beneficial to the donor. For it to be tax-wise to take itemized deductions, a single individual needs to have more than $5,800 in deductions ($11,600 for a married couple). In addition to charitable donations, qualified itemized deductions include state and local taxes, medical expenses that exceed 7.5% of Adjusted Gross Income (AGI), Investment expenses that exceed 2% of AGI, and casualty losses that exceed 10% of AGI.

Merry Christmas and keep those in need in your thoughts and prayers.

Here we are two days prior to the last day Congress can act and there still is no agreement on the fiscal cliff. At this point, the released negotiations seem to point to tax increases on those earning at least $1,000,000 per year, lapse of the payroll tax cut, and full implementation of the Obamacare fees and tax increases.

You may notice that this released agreement does not address capital gains rates, taxation of dividends, corporate taxation, gift taxes, estate taxes, or wealth transfer taxes. At this point, even worse than “going off the fiscal cliff” will be enacting a bill where no one has read the provisions. Congress needs to learn that “haste makes waste” and actually look at a comprehensive reform to the tax code and spending crisis that faces this nation.
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If you have not already taken steps to plan your taxes, I encourage you to do so. I am advising all my tax and estate planning clients to prepare for the worst and pray for the best. As everything is still being negotiated, that is the best advice available at this time.

According to an article by the Washington Examiner, the reversion of the Federal Estate Tax to a lifetime exemption amount of $1,000,000 will affect 526,421 family farms, or about 25% of farms in America. The reversion of the estate tax is set to take place on January 1, of next year, less than three weeks from today, unless steps are taken by Congress and the President.

For farms, the affect of the estate tax is further reaching than most other assets. From my experience in the estate planning field, this comes from two different considerations than what most other estates face. The first is that much of the value of farms is tied up in land. It is not uncommon here in southwestern Oklahoma for the land value to make up over 50% of a decedent’s estate value. In areas where land prices are much higher, the percentage can easily surpass 80%. When estate taxes are due, in cash, in nine months from the date of death, that often means children of farmers must sell the land.

The second major effect the estate tax has on farms is the lack of ability to pass the farm as a business to the younger generation. With agriculture, less than 2% of the U.S. poplulation feeds the rest. I have implemented many estate plans where only one child out of many want the farm. If that one child must come up with cash to buyout siblings and pay estate taxes, then his dream of continuing the family legacy is easily lost.
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Steps can be taken to lower the effect of the estate tax on family farms. If you are in the Altus, Oklahoma area and would like to come in for a free consultation to see what can be done for your specific situation, then please call me at 580-318-8829.

“The failure to plan is a plan for failure.” Don’t be caught unprepared in 2013 when estate tax rates spike to rates up to 55%.

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