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Federal Circuit Issues Landmark Decision on Business Method Patents

The U.S. Court of Appeals for the Federal Circuit issued a long-awaited decision that could make it more challenging to patent business processes such as tax and financial strategies.   In a 9-3 ruling issued on Oct. 30 in the In re Bilski case, the court stated a new, more

LTC Insurance Has Potential as Wealth Management Strategy, Too

Thank you for your very informative article, “Long-Term Care Insurance and Tax Planning” (Aug. 08, page 44). As a CPA/PFS, I believe that every financial adviser should help their clients make an informed decision regarding long-term care insurance, given the ever-escalating cost of long-term care. We have found time and time

Does Private Equity Belong in Your Client’s Portfolio?

Faced with a slumping stock market and low-yield bond portfolios, some fund managers maybe tempted by the higher potential yields of private equity. Before leading clients to this option, advisers should ask some hard questions: R Do you understand the deal? Is the specific industry one you believe you can

Depreciate Property in Like-Kind Exchanges Consistently

The Treasury has issued final regulations (Treasury Decision 9314) explaining how to depreciate modified accelerated cost recovery system (MACRS) property that has been acquired in a section 1031 like-kind exchange or through a section 1033 involuntary conversion when both the acquired and relinquished property are subject to MACRS in the

Intentionally Defective Grantor Trusts

Estate tax planners have long employed intentionally defective grantor trusts to freeze the value of an asset for estate tax purposes while transferring assets out of the estate free of gift tax. An intentionally defective grantor trust (IDGT) is a complete transfer to a trust for transfer tax purposes but

Be Wary of Taxes Sapping Life Insurance Proceeds

       Life insurance can provide an “instant” source of liquidity to the estate of an owner of a closely held business, preferably when the policy insuring the business owner’s life is held by an irrevocable life insurance trust (ILIT). Especially when business owners face succession issues, CPAs advising

AICPA To Webcast Seminars On NQDC, AMT

A Web seminar, “Nonqualified Deferred Compensation Under Section 409A: Implementation Roundtable,” will be held Oct. 2 from 2 to 4:30 p.m. ET. Tax, PFP and PCPS section members may participate free or may pay a discounted price of $74 and receive 21/2 hours of CPE credit (non-section members pay $99).

Housing Act Tightens Home Sale Exclusion

A revenue-raising provision of the Housing and Economic Recovery Act of 2008 enacted in late July (PL 110- 289) disallows exclusion of gain from the sale of a principal residence under IRC § 121 attributable to periods the dwelling is used as a vacation or rental home or other nonqualified

Substantially Equal Periodic Payments From an IRA

In the current economic climate, unexpected circumstances may cause many individuals to consider the early withdrawal of IRA funds. Minimizing the tax consequences of these withdrawals requires careful consideration of opportunities to avoid the 10% penalty on premature distributions. While all distributions from a traditional IRA are subject to income

Top Things to Know About Roth 401(k)s

Roth IRAs have become popular retirement vehicles, but the low contribution limits and participant income limitations have prevented many people from taking advantage of them. The Economic Growth and Tax Relief Reconciliation Act of 2001 provided for designating Roth contributions within a qualified plan. Now many individuals previously excluded can

Is 2008 a Good Year to Elect Out of Installment Sale Accounting?

The sale of investment real estate is often a large taxable transaction, frequently involving deferred payments. Installment sale accounting is automatic under IRC § 453, although taxpayers may elect out and recognize all of the income currently. Usually, taxpayers would rather defer income, but right now, it may make better

Abusive Insurance and Retirement Plans

EXECUTIVE SUMMARY Some of the listed transactions CPA tax practitioners are most likely to encounter are employee benefit insurance plans that the IRS has deemed abusive. Many of these plans have been sold by promoters in conjunction with life insurance companies. As long ago as 1984, with the addition of

Long-Term Care Insurance and Tax Planning

EXECUTIVE SUMMARY Long-term care (LTC) insurance benefits are tax-free to the insured for either reimbursement of qualified expenses or payments up to a per-diem limit indexed for inflation—$270 in 2008. Premiums for LTC insurance are tax-deductible according to limits that are also indexed to inflation and increase with the age

Vacation Home Swaps Get Safe Harbor

       Your clients might own a getaway home in the country, a cozy cottage on a lakeshore, a condo on the oceanfront or a rustic cabin in the mountains. When they sell it, they may recognize gain without the benefit of the principal residence exclusion in IRC §

Retirement Planning

The AICPA and Department of Labor have released an online video, “Choosing a Retirement Solution for Your Small Business,” to assist small employers and accountants with employee retirement program options. Using the real-life experiences of four small employers who operate Simplified Employee Pension, SIMPLE IRA and 401(k) plans, the video

Wealth Harvesting: More Than Just Retirement or Succession Planning

EXECUTIVE SUMMARY The first step in developing a wealth harvesting plan is to identify the client’s departure objectives, focusing on four categories: providing for the client and the people and causes they care about; ensuring a smooth and successful succession; protecting assets; and developing tax-smart strategies. It takes a variety

Watch Out for Private Annuities

EXECUTIVE SUMMARY With the release of Prop. Treas. Reg. §§ 1.72-6(e) and 1.1001-1(j) in October 2006, the Treasury and IRS have signaled their intent to recognize gain or loss at the time of exchange of property other than money for an annuity contract. Previously, taxpayers may have recognized such gain

Investing Dos and Don’ts for This (and Every) Market Cycle

    Mark Twain wrote, “History doesn’t repeat itself, but it does rhyme.” With the recent extraordinary events that have rattled the markets and investors, it pays to heed historical precedent and apply (often forgotten) lessons to the current economic cycle. These dos and don’ts should help investors navigate the

Smart Stops on the Web

       WEALTH MANAGEMENT   PFP CLASSES 2.0 http://pfp.aicpa.org/Events/PFP+and+PFS+Web+Seminars.htm Visit this site from the AICPA’s Personal Financial Planning Center to register for upcoming Web seminars on sophisticated IRA and AMT strategies and overcoming common challenges in PFP practices. Through the Web seminar format, participants can interact with fellow financial

Capital With a Conscience

     EXECUTIVE SUMMARY Private foundations must distinguish between what are sometimes called mission–related investments and program–related investments (PRIs). PRIs enable private foundations to make venture capital–type investments that might otherwise be penalized under the IRC as “jeopardizing,” that is, risky. Mission–related investments, although not technically defined, nonetheless have their

SPONSORED REPORT

Preparing clients for new provisions next tax season

As the 2025 filing season approaches, H.R. 1 introduces significant tax reforms that CPAs must be prepared to navigate. These legislative changes represent some of the most comprehensive tax updates in recent years, affecting both individual and corporate taxpayers. This report provides in-depth analysis and guidance on H.R. 1.