Drafting a will is not something that people, for the most part, want to think about. But no one gets out of life alive. So, if you want to have a say in what happens to your property and assets after you’re gone, a will is a very smart idea. Here are a few specific reasons why having a will makes good sense.
Facilitates Probate
First, a definition: Probate is the legal procedure your estate goes through after you pass. During this process, a court will start the process of distributing your estate to those you designate. When you have a will, the probate process has a legal document as a guide, one the court uses that clearly defines your wishes. This way, there are fewer roadblocks. Things go a lot more smoothly.
Protects Your Estate
Now, if you don’t have a will, there’s no binding legal document that espouses what you want to do with your assets. Instead, the probate court will distribute your estate according to your state’s intestacy laws. There’s no guarantee that the state agrees with what you want.
Designates Who Gets What
This is one of the most important. If your family includes ex-spouses and/or estranged relatives, having a will helps prevent squabbles. An unhappy relative will think twice about protesting when you have a well-drafted will.
Disinherits People, Too
If you don’t have a will, again, probate courts will distribute your estate based on your state’s intestacy laws, which create a hierarchy of inheritance among your surviving family members. Because families – and life – can be messy, when you have a will, you can specify who doesn’t get parts of your estate. Better still, you can even specify certain people to receive your assets as beneficiaries, who aren’t necessarily relatives. When you’re this specific within a legal document, it can further safeguard your wishes.
Provides For Your Children and Pets
When you have a will, it gives you the power to decide who will care for your children if they’re minors when you pass. If you don’t decide, a court will appoint a guardian. It’s safe to say that most people don’t want this; you know your children best. Since pets are considered property and they can’t inherit, you can make sure your beloved furry family members are adopted by a person or organization that you know and trust.
Specifies the Executor and Administrator of Your Estate
You get to decide who these people are, though sometimes they can be the same person. Generally, their function is to make sure your beneficiaries receive the assets you’ve designated for them. Having these trusted people in place will give you peace of mind. When you don’t have these individuals in place, you give up the control you could have had.
Helps Minimize Estate Taxes
Yes, it’s true. Your family, should they inherit property from you after you’re gone, might have to pay taxes on it. That’s why it pays to look into estate planning tools. When you have a will, you can build these stipulations into it. Just ask your accountant and/or lawyer to help you navigate these waters. It’s well worth it.
These are just a few of the reasons you need a will. Probably the main reason is that tomorrow isn’t guaranteed. When you’re gone, you’ve missed your opportunity to legally draft your final desires. That’s why, when you’ve set up provisions for all the things you’ve worked so hard for and all the people you leave behind, it’s truly an act of love.
Sources
Top 10 Reasons to Have a Will (findlaw.com)
Executor vs. Administrator: What’s the Difference? – Policygenius
Probate – What Is Probate & How To Avoid It | Trust & Will (trustandwill.com)
Alan F Burke CPA
7 Reasons You Need a Will
September 1, 2024 · Blog, Tip of the Month
⏱ 4 min read
Drafting a will is not something that people, for the most part, want to think about. But no one gets out of life alive. So, if you want to have a say in what happens to your property and assets after you’re gone, a will is a very smart idea. Here are a few specific reasons why having a will makes good sense.
Facilitates Probate
First, a definition: Probate is the legal procedure your estate goes through after you pass. During this process, a court will start the process of distributing your estate to those you designate. When you have a will, the probate process has a legal document as a guide, one the court uses that clearly defines your wishes. This way, there are fewer roadblocks. Things go a lot more smoothly.
Protects Your Estate
Now, if you don’t have a will, there’s no binding legal document that espouses what you want to do with your assets. Instead, the probate court will distribute your estate according to your state’s intestacy laws. There’s no guarantee that the state agrees with what you want.
Designates Who Gets What
This is one of the most important. If your family includes ex-spouses and/or estranged relatives, having a will helps prevent squabbles. An unhappy relative will think twice about protesting when you have a well-drafted will.
Disinherits People, Too
If you don’t have a will, again, probate courts will distribute your estate based on your state’s intestacy laws, which create a hierarchy of inheritance among your surviving family members. Because families – and life – can be messy, when you have a will, you can specify who doesn’t get parts of your estate. Better still, you can even specify certain people to receive your assets as beneficiaries, who aren’t necessarily relatives. When you’re this specific within a legal document, it can further safeguard your wishes.
Provides For Your Children and Pets
When you have a will, it gives you the power to decide who will care for your children if they’re minors when you pass. If you don’t decide, a court will appoint a guardian. It’s safe to say that most people don’t want this; you know your children best. Since pets are considered property and they can’t inherit, you can make sure your beloved furry family members are adopted by a person or organization that you know and trust.
Specifies the Executor and Administrator of Your Estate
You get to decide who these people are, though sometimes they can be the same person. Generally, their function is to make sure your beneficiaries receive the assets you’ve designated for them. Having these trusted people in place will give you peace of mind. When you don’t have these individuals in place, you give up the control you could have had.
Helps Minimize Estate Taxes
Yes, it’s true. Your family, should they inherit property from you after you’re gone, might have to pay taxes on it. That’s why it pays to look into estate planning tools. When you have a will, you can build these stipulations into it. Just ask your accountant and/or lawyer to help you navigate these waters. It’s well worth it.
These are just a few of the reasons you need a will. Probably the main reason is that tomorrow isn’t guaranteed. When you’re gone, you’ve missed your opportunity to legally draft your final desires. That’s why, when you’ve set up provisions for all the things you’ve worked so hard for and all the people you leave behind, it’s truly an act of love.
Sources
Top 10 Reasons to Have a Will (findlaw.com)
Executor vs. Administrator: What’s the Difference? – Policygenius
Probate – What Is Probate & How To Avoid It | Trust & Will (trustandwill.com)
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
The enactment of the Tax Cuts and Jobs Act (TCJA) in 2017 brought with it major changes to the tax code on both personal and business levels. While many taxpayers have not only enjoyed but come to see these tax provisions as normal over the past seven years, many provisions of the TCJA are set to expire at the end of 2025. This makes 2026 and beyond potentially a very different tax landscape than the one we operate in today. This article reviews main provisions of the TCJA that could be affected and what it could mean for taxpayers.
Return of Higher Tax Rates
Lower tax rates were a hallmark of the TCJA. Rates on all income brackets were lowered (except the lowest 10 percent bracket). Without an extension of this act, tax rates will automatically return to their former levels, with the highest at 39.6 percent for federal income taxes.
Look for Return of Lower Standard Deductions; Higher Personal Exemptions; Unlimited SALT Deductions
The TCJA created a sort of trade-off by raising the standard deduction but lowering personal exemptions and limiting the state and local tax deductions (SALT) for itemizers. The reversal of these provisions can be either a net positive or negative, depending on each taxpayer’s situation. Generally, for those who reside in high tax brackets (income tax and/or property tax) or with a lot of dependents, the reversion will be favorable.
Currently, the standard deduction is $29,200 (married filing jointly) or $14,600 (single). These amounts will be almost cut in half to $16,600 and $8,300, respectively.
Offsetting these deduction losses, personal exemptions return. Currently, there are no personal exemptions, but this will go back to pre-TCJA levels adjusted for inflation, approximately $5,300 for each taxpayer, spouse and dependent.
The SALT deduction is capped at $10,000 under the TCJA. This limit will be eliminated; potentially giving dramatic benefit to taxpayers in high-income tax and property tax states.
Finally, it should be noted that materially lower standard deductions may create a lot more taxpayers who would benefit from itemizing deductions versus taking the standard deduction. In addition, the SALT cap, currently at $10,000 per tax return (not per person), will be eliminated.
Tax-Deductible Mortgage Interest on Large Loans
The TCJA limited tax-deductible interest on mortgages taken out in 2018 and after to interest on $750,000 of mortgage debt, versus the previous $1 million cap. This will revert back to the higher $1 million limit.
Lower Alternative Minimum Tax (AMT) Exemptions and Phase-Outs
Significant increases in AMT exemptions and phase-out limits were part of the TCJA and, as a result, millions of taxpayers were no longer subject to the AMT. This provision will revert as well, subjecting millions of taxpayers to the AMT. In particular, taxpayers who take large, itemized deductions and benefits from incentive stock compensation schemes will be the most negatively impacted.
Lower Estate and Gift Tax Limits
The TCJA nearly doubled the federal lifetime estate and lifetime gift tax exemption from $7 million to $13.61 million for a single taxpayer. These amounts double for couples making joint gifts. The limits would revert back to the $7 million level. Note that the annual gift tax exclusion of $18,000 per person is not expected to change.
Elimination of 20% Qualified Business Income Deduction and Bonus Depreciation
Pass-through business owners (e.g., S-corps, LLCs) benefitted from up to a 20 percent deduction on qualified business income under the TJCA (subject phase-outs). Business owners also benefitted from bonus depreciation as part of the TCJA – as high as 100 percent at one point. Both of these business-friendly provisions are set to expire completely unless Congress takes action.
Plan For Change
Whatever may be in the near-term, the only constant when it comes to taxes is that they will certainly be here. History teaches us to never get comfortable with the current tax code. The exact iteration of an extension of the TCJA or lack thereof is uncertain at this point, but the provisions at risk are known. For some taxpayers, this article is more of an FYI; while for those with multi-year planning strategies, the time to consider various outcomes and work with your tax advisor is now.
Alan F Burke CPA
Are You Ready for Major Tax Changes in 2026?
August 1, 2024 · Blog, Tax and Financial News
⏱ 4 min read
The enactment of the Tax Cuts and Jobs Act (TCJA) in 2017 brought with it major changes to the tax code on both personal and business levels. While many taxpayers have not only enjoyed but come to see these tax provisions as normal over the past seven years, many provisions of the TCJA are set to expire at the end of 2025. This makes 2026 and beyond potentially a very different tax landscape than the one we operate in today. This article reviews main provisions of the TCJA that could be affected and what it could mean for taxpayers.
Return of Higher Tax Rates
Lower tax rates were a hallmark of the TCJA. Rates on all income brackets were lowered (except the lowest 10 percent bracket). Without an extension of this act, tax rates will automatically return to their former levels, with the highest at 39.6 percent for federal income taxes.
Look for Return of Lower Standard Deductions; Higher Personal Exemptions; Unlimited SALT Deductions
The TCJA created a sort of trade-off by raising the standard deduction but lowering personal exemptions and limiting the state and local tax deductions (SALT) for itemizers. The reversal of these provisions can be either a net positive or negative, depending on each taxpayer’s situation. Generally, for those who reside in high tax brackets (income tax and/or property tax) or with a lot of dependents, the reversion will be favorable.
Currently, the standard deduction is $29,200 (married filing jointly) or $14,600 (single). These amounts will be almost cut in half to $16,600 and $8,300, respectively.
Offsetting these deduction losses, personal exemptions return. Currently, there are no personal exemptions, but this will go back to pre-TCJA levels adjusted for inflation, approximately $5,300 for each taxpayer, spouse and dependent.
The SALT deduction is capped at $10,000 under the TCJA. This limit will be eliminated; potentially giving dramatic benefit to taxpayers in high-income tax and property tax states.
Finally, it should be noted that materially lower standard deductions may create a lot more taxpayers who would benefit from itemizing deductions versus taking the standard deduction. In addition, the SALT cap, currently at $10,000 per tax return (not per person), will be eliminated.
Tax-Deductible Mortgage Interest on Large Loans
The TCJA limited tax-deductible interest on mortgages taken out in 2018 and after to interest on $750,000 of mortgage debt, versus the previous $1 million cap. This will revert back to the higher $1 million limit.
Lower Alternative Minimum Tax (AMT) Exemptions and Phase-Outs
Significant increases in AMT exemptions and phase-out limits were part of the TCJA and, as a result, millions of taxpayers were no longer subject to the AMT. This provision will revert as well, subjecting millions of taxpayers to the AMT. In particular, taxpayers who take large, itemized deductions and benefits from incentive stock compensation schemes will be the most negatively impacted.
Lower Estate and Gift Tax Limits
The TCJA nearly doubled the federal lifetime estate and lifetime gift tax exemption from $7 million to $13.61 million for a single taxpayer. These amounts double for couples making joint gifts. The limits would revert back to the $7 million level. Note that the annual gift tax exclusion of $18,000 per person is not expected to change.
Elimination of 20% Qualified Business Income Deduction and Bonus Depreciation
Pass-through business owners (e.g., S-corps, LLCs) benefitted from up to a 20 percent deduction on qualified business income under the TJCA (subject phase-outs). Business owners also benefitted from bonus depreciation as part of the TCJA – as high as 100 percent at one point. Both of these business-friendly provisions are set to expire completely unless Congress takes action.
Plan For Change
Whatever may be in the near-term, the only constant when it comes to taxes is that they will certainly be here. History teaches us to never get comfortable with the current tax code. The exact iteration of an extension of the TCJA or lack thereof is uncertain at this point, but the provisions at risk are known. For some taxpayers, this article is more of an FYI; while for those with multi-year planning strategies, the time to consider various outcomes and work with your tax advisor is now.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
When it comes to running a business, there are a lot of expenses incurred during operations. As of January 2024, New York University’s Stern School of Business had recorded nearly $1.2 trillion in capital expenditures by U.S. sectors. Considering this, there are two important concepts that are imperative to study for effective accounting treatment: capital expenditures (CapEx) and operating expenses (OpEx).
Defining CapEx and OpEx
Operating expenses (OpEx) are required outlays a company incurs on a more frequent basis to take care of day-to-day expenditures. Capital expenditures (CapEx), conversely, are larger purchases that businesses intend to use over the long term (at least 12 months).
Different Considerations
OpEx
This type of asset is more of a short-term consideration. Expenses that fall under this category include utilities, wages, rent, taxes, selling, general and administrative expenses (SG&A). Unlike CapEx, businesses may benefit from tax deductions for these types of expenditures as long as the business incurs the expense during the same tax year. These expenses reduce a company’s net income. However, they are not eligible for depreciation, which is how CapEx reduces a business’ net income. Since the entire expense is recognized right away, they’re reported on the income statement.
CapEx
This type of asset is intended to have a useful life of more than one year. Examples of these types of assets include warehouses, data centers, work trucks, etc. Many of these items fall under PPE or property, plant, and equipment (PP&E) on the balance sheet. On the cash flow statement, it can be reported under the investing activities section.
Since these items are intended to last for a considerable time frame, such investments are planned to improve the profitability/capabilities of the business. Unlike OpEx, these expenditures are not tax deductible. It’s also important to understand this applies to intangible assets, such as patents, goodwill, etc.
These types of assets are financed by either collateral or debt. Businesses also can issue bonds or get creative with their financing partners. Listed as a capitalized asset on the balance sheet, it’s depreciated over the asset’s useful life. However, it’s important to note that land is not depreciated.
Considerations between CapEx and OpEx
When it comes to CapEx, it’s important to know that some transactions can be paid for during the acquisition period, but acquisition costs can also occur over multiple accounting periods if it’s a long-term project, such as building a manufacturing plant or warehouse.
CapEx can determine the financial health of a company. If a company can reinvest in itself through patents, machinery, equipment, etc., along with maintaining or increasing its dividend payments to shareholders, then the company is on solid financial footing.
Depreciation for CapEx items is advantageous for companies because it provides a balance to the investment by lowering the company’s net income.
There is another reason why both types of expenses exist. OpEx is a better choice if a business wants to be more agile and protect capital. CapEx would be used if a business is aiming to invest for long-term profitability and competitiveness.
Understanding how these two expenses are classified and accounted for is essential for businesses to navigate the accounting requirements and tax code effectively.
Accounting Considerations for Capital Expenditures and Operating Expenses
August 1, 2024 · Blog, General Business News
⏱ 3 min read
When it comes to running a business, there are a lot of expenses incurred during operations. As of January 2024, New York University’s Stern School of Business had recorded nearly $1.2 trillion in capital expenditures by U.S. sectors. Considering this, there are two important concepts that are imperative to study for effective accounting treatment: capital expenditures (CapEx) and operating expenses (OpEx).
Defining CapEx and OpEx
Operating expenses (OpEx) are required outlays a company incurs on a more frequent basis to take care of day-to-day expenditures. Capital expenditures (CapEx), conversely, are larger purchases that businesses intend to use over the long term (at least 12 months).
Different Considerations
OpEx
This type of asset is more of a short-term consideration. Expenses that fall under this category include utilities, wages, rent, taxes, selling, general and administrative expenses (SG&A). Unlike CapEx, businesses may benefit from tax deductions for these types of expenditures as long as the business incurs the expense during the same tax year. These expenses reduce a company’s net income. However, they are not eligible for depreciation, which is how CapEx reduces a business’ net income. Since the entire expense is recognized right away, they’re reported on the income statement.
CapEx
This type of asset is intended to have a useful life of more than one year. Examples of these types of assets include warehouses, data centers, work trucks, etc. Many of these items fall under PPE or property, plant, and equipment (PP&E) on the balance sheet. On the cash flow statement, it can be reported under the investing activities section.
Since these items are intended to last for a considerable time frame, such investments are planned to improve the profitability/capabilities of the business. Unlike OpEx, these expenditures are not tax deductible. It’s also important to understand this applies to intangible assets, such as patents, goodwill, etc.
These types of assets are financed by either collateral or debt. Businesses also can issue bonds or get creative with their financing partners. Listed as a capitalized asset on the balance sheet, it’s depreciated over the asset’s useful life. However, it’s important to note that land is not depreciated.
Considerations between CapEx and OpEx
When it comes to CapEx, it’s important to know that some transactions can be paid for during the acquisition period, but acquisition costs can also occur over multiple accounting periods if it’s a long-term project, such as building a manufacturing plant or warehouse.
CapEx can determine the financial health of a company. If a company can reinvest in itself through patents, machinery, equipment, etc., along with maintaining or increasing its dividend payments to shareholders, then the company is on solid financial footing.
Depreciation for CapEx items is advantageous for companies because it provides a balance to the investment by lowering the company’s net income.
There is another reason why both types of expenses exist. OpEx is a better choice if a business wants to be more agile and protect capital. CapEx would be used if a business is aiming to invest for long-term profitability and competitiveness.
Understanding how these two expenses are classified and accounted for is essential for businesses to navigate the accounting requirements and tax code effectively.
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Drafting a will is not something that people, for the most part, want to think about. But no one gets out of life alive. So, if you want to have a say in what happens to your property and assets after you’re gone, a will is a very smart idea. Here are a few specific reasons why having a will makes good sense.
The enactment of the Tax Cuts and Jobs Act (TCJA) in 2017 brought with it major changes to the tax code on both personal and business levels. While many taxpayers have not only enjoyed but come to see these tax provisions as normal over the past seven years, many provisions of the TCJA are set to expire at the end of 2025. This makes 2026 and beyond potentially a very different tax landscape than the one we operate in today. This article reviews main provisions of the TCJA that could be affected and what it could mean for taxpayers.
When it comes to running a business, there are a lot of expenses incurred during operations. As of January 2024, New York University’s Stern School of Business had recorded nearly $1.2 trillion in capital expenditures by U.S. sectors. Considering this, there are two important concepts that are imperative to study for effective accounting treatment: capital expenditures (CapEx) and operating expenses (OpEx).