Documentos de Académico
Documentos de Profesional
Documentos de Cultura
From:
INDEX:
Chapter / Sub-chapter Page # 4
5- 6 6 6 6 6 7
3. Strategies for Optimizing Social Security Benefits 4. New Federal Income Tax Brackets
American Taxpayer Relief Act of 2012 (a.k.a. Fiscal Cliff Relief Bill) Capital Gains and Dividends Itemized Deduction Phase-Out
8 8 8
=========================================================================
Cover Picture: Illustration by Frits Ahlefeldt-Laurvig, the HikingArtist.com, under the Creative Commons license:
http://www.flickr.com/photos/hikingartist/4193332430 2
INDEX Continued:
Chapter / Sub-chapter Page #
12. Massachusetts Rental Tax Deduction 13. Massachusetts Circuit Breaker Tax Credit Walnut Hill Advisors, LLC Legal Disclosure Statement APPENDIX Reference Sources Free Consultation Request Form Form
1. Foreword
People often ask friends and family about important money matters that really should be directed to a professional. Personal financial matters, and the consequences of financial decisions, are generally much too serious to be placed into the hands of a non-expert. That's why this booklet was written, to help the reader break free from the unhappy surprises that come with staying in the comfort of the crowd. The pages that follow this introduction should provide a good summary overview of the major impacts of several recently enacted federal tax law changes and healthcare issues facing seniors today. Can you do this research yourself? Yes, certainly. Smart and successful people can do many things themselves, but they astutely choose to use experts for a couple of key reasons: (a) to free up their time so they can do more of the things they love like playing golf, fishing, traveling, focusing on their own areas of expertise, gaining time to launch a new business, and spending time with family and friends; and (b) to leverage the skills of experts in specific core areas and for which they expect to derive some benefit from today, and most importantly; (c) to proactively follow and inform them of critical future issues / changes; and (d) to provide comprehensive solutions to mitigate the impact of these future events.
Alfred L. Angelici, Managing Director Walnut Hill Advisors, LLC February 2013
If your railroad retirement benefits are exempt from tax because you are a resident of one of the tax treaty countries listed, you can claim an exemption from withholding by filing Form RRB-1001 with the RRB. (Contact the RRB to get this form.) Canadian and German social security benefits paid to U.S. residents. Under tax treaties with these countries, social security benefits paid by those countries to U.S. residents are treated for U.S. income tax purposes as if they were paid under the social security legislation of the U.S. How much is taxable? Maximum taxable part of benefits Generally, up to 50% of your benefits will be taxable. However, up to 85% of your benefits can be taxable if either of the following situations applies to you: - The total of of your benefits plus all of your other income is: a. More than $34,000 and you are single, head of household, qualifying widow(er), or married filing separately and lived apart from your spouse for all of 2012. b. More than $44,000 and you are married and filing jointly, or c. You are married and filing separately and have lived with your spouse at any time during 2012. Is a Lump-Sum SSA or RRB Death Benefit Taxable? SSA and RRB pay many of their beneficiaries a lump-sum death benefit. No part of this lump-sum death benefit is subject to tax. Lump-sum election method for a SSA or RRB taxable benefit payment Generally, you use your 2012 income to figure the taxable part of the total benefits received in 2012. However, this method allows you to figure the taxable part of a lump-sum payment for an earlier separately, using your income for the earlier year. You can elect this method if it lowers your taxable benefits. If you received a lump-sum benefit payment in 2012 you must include the taxable part of the lump-sum (retroactive) payment of benefits received in 2012 in your 2012 income, even if the payment includes benefits for an earlier year (e.g. 2011) and once the taxable method is chosen. No subsequent adjustment is made to the earlier year's return. Do not file an amended return for the earlier year. Note: Once you elect this method of figuring the taxable part of a lump-sum payment, you can revoke your election only with the consent of the IRS. IRS Deductions Related to Your Benefits? Disability Payments: If you received a lump-sum payment from SSA or RRB, and you had to repay the employer or insurance company for the disability payments, you can take an itemized deduction for the part of the payments you included in gross income in the earlier year. If the amount you repay is more than $3000, you may be able to claim a tax credit instead. Legal Expenses: You can usually deduct legal expenses that you pay or incur to produce or collect taxable income or in connection with the determination, collection, or refund of any tax.
One partner receives his/her spousal benefits while deferring their own benefits until the maximum age of 70. By doing so you can collect a lower benefit at an earlier age and then collect a much higher amount when you reach the maximum age. To be eligible to receive 50% of your spouses benefits, you have to have reached Full Retirement Age. Why would you ever choose to take spousal benefits if they are less than the benefits you can get from your own social security? Because while you are receiving spousal benefits, you still are not considered to have actually started social security yourself yet, meaning that you can defer your own benefits until the maximum age of 70. At 70 you would switch over to receiving your own benefits at their full payout value!
Note: Please consult a professional planner or adviser to see if the numbers will work for you as well as to learn about other possible strategies that may work for you. 7
*Note: For Married Filing Separately, personal exemptions are reduced by 2.0% for each $1,250 of taxpayers AGI in excess of limit listed above.
6. Obama-care Tax Impacts (Patient Protection and Affordable Care Act - PPACA)
Takes Effect on January 2013
Medicare Payroll Tax Hike First $200,000 ($250,000 Married) Employer/Employee 1.45%/1.45% 2.9% self-employed 1.45%/1.45% 2.9% self-employed All Remaining Wages Employer/Employee 1.45%/1.45% 2.9% self-employed 1.45%/2.35% 3.8% self-employed
** Bill: PPACA, Reconciliation Act; Page: 2000-2003; 87-93 High Personal Medical Bills Tax For 2012, those facing high personal medical expenses are allowed a deduction for medical expenses to the extent that those expenses exceed 7.5% of adjusted gross income (AGI). In 2013 the new PPACA provision imposes a threshold of 10% of AGI. Waived for 65+ taxpayers in years 2013-2016 only. **Bill: PPACA; Page: 1,994-1,995 Elimination of tax deduction for employer-provided retirement Rx drug coverage in coordination with Medicare Part D **Bill: PPACA; Page: 1,994 Tax on Medical Device Manufacturers Medical device manufacturers employ 360,000 people in 6000 plants across the country. This law imposes a new 2.3% excise tax. Exempts items retailing for less than $100. **Bill: PPACA; Page: 1,980-1,986
Flexible Spending Account Cap aka Special Needs Kids Tax Imposes cap on FSAs of $2500 (now unlimited). Indexed to inflation after 2013. There is one group of FSA owners for whom this new cap will be particularly cruel and onerous: parents of special needs children. There are thousands of families with special needs children in the United States, and many of them use FSAs to pay for special needs education. Tuition rates at one leading school that teaches special needs children in Washington, D.C. (National Child Research Center) can easily exceed $14,000 per year. Under tax rules, FSA dollars can be used to pay for this type of special needs education. **Bill: PPACA; Page: 2,388-2,389 Takes Effect January 2014 or in Later Year Individual Mandate Excise Tax and Employer Mandate Tax Individual: Anyone not buying qualifying health insurance as defined by Obama-appointed HHS bureaucrats must pay an income surtax according to the higher of the following:
Year
2014 2015 2016 2017+
1 Adult
1% AGI or $95 2% AGI or $325 2.5% AGI or $695 2016 Inflation-Indexed
2 Adults
1% AGI or $190 2% AGI or $650 2.5% AGI or $1390 2016 Inflation-Indexed
3+ Adults
1% AGI or $285 2% AGI or $975 2.5% AGI or $2085 2016 Inflation-Indexed
Note: Surtax for dependents under 18 years of age is 50% of 1 Adult tax rates. AGI = Adjusted Gross Income Exemptions for religious objectors, undocumented immigrants, prisoners, those earning less than the poverty line, members of Indian tribes, and hardship cases (determined by HHS). Surtax not to exceed the cost of a standard plan as to be defined by HHS. **Bill: PPACA; Page: 317-337 Employer: If an employer does not offer health coverage, and at least one employee qualifies for a health tax credit, the employer must pay an additional non-deductible tax of $2000 for all full-time employees. This applies to all employers with 50 or more employees who are not exempted under the law. If any employee actually receives coverage through the exchange, the penalty on the employer for that employee rises to $3000. If the employer requires a waiting period to enroll in coverage of 30-60 days, there is a $400 tax per employee ($600 if the period is 60 days or longer). **Bill: PPACA; Page: 345-346 Tax on Health Insurers (Takes effect Jan. 2014): Annual tax on the industry imposed relative to health insurance premiums collected that year. Phases in gradually until 2018. Fully-imposed on firms with $50 million in profits. **Bill: PPACA; Page: 1,986-1,993 Excise Tax on Comprehensive Health Insurance Plans (Takes effect Jan. 2018): Starting in 2018, new 40% excise tax on Cadillac health insurance plans ($10,200 single/$27,500 family). Higher threshold ($11,500 single/$29,450 family) for early retirees and high-risk professions. Indexed for inflation (Formula: CPI +1%) **Bill: PPACA; Page: 1,941-1,956 10
11
ASSETS You will have to document your assets during the application process Assets that do not get counted for eligibility include the following: Your primary residence your personal belongings One motor vehicle Property that is essential to self-support Life Insurance with a face value under $1,500 Certain burial arrangements Assets held in specific kinds of trusts
Unless specifically excluded, any other real or personal property that you and your spouse own is counted in the Medicaid eligibility determination. If you own assets jointly with others, the assets are generally divided equally among all owners when the state determines your Medicaid eligibility. The amount of assets you can have and still qualify for Medicaid varies from state to state. In most states, you can retain about $2,000 in countable assets and married couples who are still living in the same household can retain about $3,000 in countable assets. If one spouse lives in an institution and the other lives in the community, the community spouse is allowed to keep more assets without disqualifying the spouse in the institution from Medicaid coverage. In most states, the community spouse is allowed to keep 50% of the married couples combined assets, subject to both a minimum and a maximum amount. In 2010, the minimum was $21,912 and the maximum was $109,560.
12
13
Protecting Assets from Medicaid The Social Security Administration (SSA) laws regarding Liens, Adjustments and Recoveries, and Transfers of Assets (Section 1917) states:
No (Medicaid) lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan... (c)(1)(A) In order to meet the requirements of this subsection for purposes of section 1902(a)(18), the State plan must provide that if an institutionalized individual or the spouse of such an individual ... disposes of assets for less than fair market value on or after the lookback date specified in subparagraph (B)(i)
Look-Back Date: Individuals needing long-term care who do not qualify for MassHealth Standard because their assets are too high, can qualify by spending down their assets. To become eligible, you must follow MassHealth rules regarding transfer of assets: You must report all asset transfers for the five (5) years before you enter a long-term care facility. This is referred to as the "look-back date. For trust transfers, the look-back date is also five (5) years.
Massachusetts Section 1115 Demonstration Waiver Current federal and state eligibility regulations impose a penalty on persons applying for long-term care services if they transferred assets for less than fair market value within a specified look-back date. Establishing a Look-Back Date (DHHS) Starting Point prior to Starting Point 11/1/2010 11/1/2010 or later, but prior to 11/1/2012 3 years (36 months) November 1, 2007 for prior to starting point for most transfers; 5 years most transfers; 5 years prior to starting point for (60 months) for transfers transfers to to trusts/annuities. trusts/annuities. Starting Point 11/1/2012 or later 5 years prior to starting point for transfers of all types.
Look-Back Date
14
MassHealth Senior Services: What are MassHealth Adult Day Health (ADH) services? Adult Day Health (ADH) services are day programs for frail seniors and other adults who need supervision and health services during the daytime. Adult Day Health programs offer nursing care, therapies, personal care assistance, social and recreational activities, meals, and other services in a community group setting. Adult Day Health programs are for adults who return to their homes and caregivers at the end of the day. MassHealth pays for Adult Day Health services for MassHealth members who meet clinical eligibility requirements and have a MassHealth coverage type that includes ADH services. To be eligible for MassHealth Adult Day Health (ADH) services: Your MassHealth coverage type must be MassHealth Standard or CommonHealth You must have a physical or mental dysfunction that requires nursing care You must be under the care of a doctor, and your doctor must order adult day health services as medically necessary You must be living at home (not in a facility) and have a need for daytime services in a structured adult day health setting. You must need help with one or more activities of daily living (bathing, dressing, toileting, transfers, ambulation, or eating) or need at least one skilled service (nursing service, speech therapy, occupational therapy, physical therapy) ordered by a doctor The Adult Day Health program you choose must be approved by MassHealth
15
What are MassHealth Home Health Services? Home health services include nursing care; home health aide care; and occupational, physical, and speech/language therapy. MassHealth pays home health agencies to provide these services for eligible MassHealth members. To be covered by MassHealth, home health care services must be medically necessary and part of a doctors plan of care. To be eligible for MassHealth Home Health (ADH) services: Your MassHealth coverage type must include home health services. Home health services are included in: MassHealth Standard CommonHealth MassHealth Family Assistance (Direct Care, and Premium Assistance for HIV members) Note: MassHealth members with Prenatal, Limited, or Essential not eligible Members with Premium Assistance or Buy-In are covered only if their private insurance plan includes these services. Members with MassHealth Basic (Managed Care) get limited coverage You must be living in a private or group home or other non-institutional setting. This can be a temporary residence such as a homeless shelter. You must be under the care of a doctor. Your doctor can be a medical doctor, a dentist, or a podiatrist. The home health services must be part of your doctors care plan. Your doctor must review and sign your plan every 60 days The home health services must be medically necessary. If a family member or other caregiver is providing the services you need, then MassHealth will not pay for home services provided. The home health services you need cannot cost more than care in an institution. Your doctor and home health agency must agree that you can live safely at home with home health care services. MassHealth members age 60 or older must have a referral from their Aging Service Access Point (ASAP). What is the MassHealth Personal Care Attendant Program (PCA)? The Personal Care Attendant Program (PCA) is a MassHealth program that helps people with long-term disabilities live independently at home. The PCA program gives each eligible MassHealth member funds to hire a personal care attendant to help with activities of daily living (ADLs) such as bathing, dressing, eating, toileting, exercising, taking medications, and moving about inside the home. The MassHealth member becomes the employer, and is in charge of hiring, firing, training, and supervising the PCA.
16
To be eligible for the MassHealth Personal Care Attendant (PCA) Program: You must be a MassHealth or CommonHealth member. Other coverage types do not cover personal care services. Note: MassHealth has special income eligibility rules for people age 65 or older who need personal care attendants. The rules allow a PCA deduction that lowers countable income and makes it easier to meet the MassHealth Standard income limits. Your doctor or nurse practitioner must prescribe the personal care services for you. You must have a permanent or chronic disability that prevents you from taking care of your personal needs yourself. You must need physical help with two or more of the following activities of daily living (ADLs): mobility/transfers, bathing/grooming, dressing/undressing, range-of-motion exercises, taking medications, eating, toileting. The personal care services must be medically necessary, and you must have prior authorization from MassHealth
What are MassHealth transportation services? MassHealth members who need non-emergency transportation to and from medical appointments may be eligible for free transportation services. Eligible members who use public transportation can get reimbursement for their transportation expenses. Eligible members who need dial-a-ride services can get van or taxi service free of charge. Eligibility: You can get reimbursement for your transportation expenses if: You use public transportation You have documentation of the MassHealth service(s) you received You have transportation expenses (bus fare, etc.) and receipts (when available) Your medical appointment is not within reasonable walking distance Your travel costs are $5 or more You submit your claim to MassHealth within 90 days of date your expenses were $5+ Note: in special cases if you get prior approval, MassHealth may reimburse you for private transportation expenses You can get free dial-a-ride van/taxi service if: There is no private transportation or public transportation that you can use Your health care provider authorizes your need for transportation by filling out a Prescription for Transportation (Form PT-1) You cannot get MassHealth transportation services to pick up prescription medicine at a pharmacy. Note: ALL MassHealth members are covered for emergency ambulance services.
17
18
Medicare Part B Costs Part B Premium You pay a Part B premium each month. Most people will pay the standard premium amount. However, if your modified adjusted gross income as reported on your IRS tax return from 2 years ago is above a certain amount, you may pay more. If Your Yearly Income is 2011 was File Individual Tax Return
$85,000 or less above $85,000 up to $107,000 above $107,000 up to $160,000 above $160,000 up to $214,000 above $214,000
Part B Deductible - $147 Per Year Medicare Advantage Plans (Part C) and Medicare Prescription Drug Plans (Part D) Premiums Call 1-800-633-4227, or visit www.medicare.gov/find-a-plan to get plan premiums for 2013. Part D Monthly Premium Chart below shows estimated prescription drug plan monthly premiums based on your income. If your income is above a certain limit, you will pay an income-related monthly adjustment amount in addition to your plan premium. If Your Yearly Income is 2011 was File Individual Tax Return
$85,000 or less above $85,000 up to $107,000 above $107,000 up to $160,000 above $160,000 up to $214,000 above $214,000
2013 Part D National Base Beneficiary Premium - $31.17 This figure is used to estimate the Part D late enrollment penalty and the income-related monthly adjustment amounts listed in the table above. The national base beneficiary premium amount can change each year. See your Medicare & You handbook or visit www.medicare.gov for more information.
19
20
What are the types of homesteads? There are three (3) types of homesteads under the current law: (1) Automatic Homestead Section 4 homesteads apply if a homeowner does not file a Declaration of Homestead, the homeowner automatically receives homestead protection up to $125,000 of equity. The protection is for the homeowner and the homeowner's family who live in the home as their principal residence. (2) Declared Homestead Section 3 homesteads are protected for up to $500,000 equity for all owners combined. For Section 3 protection, homeowners must file a Declaration of Homestead with the Registry of Deeds. The protection applies to the homeowner, the spouse of the homeowner, and family members who live in the house as their principal residence. Both spouses must sign the homestead declaration if both are owners. If the homeowner dies, the homestead protection continues for the spouse and minor children if they continue to live in the house as their principal residence. (3) Homestead for Elderly or Disabled Persons Section 2 applies to homeowners who are age 62 or older, or disabled. To be considered disabled, a homeowner must meet the SSI disability requirements. For Section 2 protection, the homeowner must file a Declaration of Homestead with the Registry of Deeds. Each elderly or disabled owner can file for up to $500,000 protection per owner. A married couple who own a home can get up to $1,000,000 protection if both spouses qualify as elderly or disabled. Section 2 homestead protection does not extend to other family members and ends upon the homeowner's death. What are the benefits of the Massachusetts Homestead Act? The Homestead Act protects your home from being attached, secured, or sold to pay off unsecured debts such as credit card debt or claims from a lawsuit. The Homestead Act does not protect your house from mortgage debt or liens on the property, and does not prevent foreclosure. The amount of homestead protection is: $125,000 automatic protection $500,000 of protection if you file a Declaration of Homestead with the Registry of Deeds If you sell your house, the proceeds of the sale are protected until you buy a new home, or for one year, whichever happens first. If your home was damaged or destroyed by fire or other casualty, the proceeds from your insurance claim are protected until the repairs are completed, or until you buy a new home, or for two years, whichever happens first. The protection applies to all debts, including preexisting debts, except: Federal, state, and local taxes and liens Liens on the property that existed before the homestead protection went into effect Mortgages on the home Court orders for spousal support or child support Attachments to land not owned by the owner of the homestead Court-ordered judgments based on "fraud, mistake, duress, undue influence or lack of capacity" Note: Homestead protection does not protect your home if you go into a nursing facility paid for by Medicaid. The Medicaid lien is a government lien and is exempt from protection. 21
22
To qualify: you or your spouse must be age 65 or older by the end of the tax year if married: you must file jointly you cannot be the dependent of another taxpayer you must rent or own a home iin Massachusetts that is your principal residence if you are a homeowner, your property's assessed value cannot be greater than $705,000 on January 1, 2012 if you are a renter, you cannot be getting a federal or state rent subsidy (such as Section 8), and your landlord must pay property taxes you must meet the income limits the amount you paid for real estate taxes must be greater than 10% of your total income What are the Income Limits? Your total income cannot be greater than these limits for the 2012 tax year: $53,000 single $67,000 head of household $80,000 married filing jointly IMPORTANT NOTE: "Total income" includes some types of non-taxable income, such as social security, retirement, pensions and annuities, cash public assistance, tax-exempt interest and dividends, and certain other income. Link to the Mass Resource Organization site with details and examples for how to properly assess your potential rental deduction eligibility and amount you may take on your State taxes. http://www.massresources.org/circuit-breaker-tax-credit.html
23
24
Trust Protection and Medicaid Lien Waivers: 2013 Medicare Costs http://www.medicare.gov/Pubs/pdf/11579.pdf U.S. Dept of Health & Human Services http://aspe.hhs.gov/daltcp/reports/maliens.htm MassResources.org http://www.massresources.org/masshealth-financial-eligibility.html DHHS N.C. http://info.dhhs.state.nc.us/olm/manuals/dma/abd/man/MA2240-04.htm Social Security Administration - Liens, Adjustments and Recoveries, and Transfers of Assets http://www.ssa.gov/OP_Home/ssact/title19/1917.htm How Much is the Obama-care Tax? http://www.factcheck.org/2012/06/how-much-is-the-obamacare-tax/
25
www.walnuthilladvisorsllc.com
_____ Yes, please call or email me to schedule a meeting time _____ Yes, please call or email me to schedule a phone appointment with me
My Contact Information:
Name: Phone Number: Email Address: US Postal Address:
Notes:
Zero Governors Avenue is located on the corner of High Street and Governors Avenue. Parking is available rd for free on the street or in the municipal lot on Governors Avenue. We are located on the 3 floor. Take the rd elevator or stairs up. Enter through the door for Suite 35 (we lease two connected offices on the 3 floor.). If documents are needed for the first meeting, we will email or US postal mail you a list of documents to bring along.
ala@walnuthilladvisorsllc.com
Questions? Call us and we'll take care of it 781.393.0021
26