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Kevin Taylor

How to “use” Amortization and why it’s in your K-1?

How to “use” Amortization: Basic Definition: Amortization is a process of spreading out a cost or payment over a period of time. It’s a bit like depreciation, but while depreciation typically refers to spreading out the cost of tangible assets (like machines or buildings) over their useful lives, amortization usually refers to intangible assets like patents, trademarks, or certain loans. Simple Analogy: Imagine you buy a yearly pass to a theme park for $120. Instead of thinking about the cost as $120 all at once, you decide to think about it as $10 per month (since there are 12 months in a year). This monthly perspective helps you understand the cost over time. That’s a very basic idea of how amortization works, though in business, the calculations can be more complex. Amortization in your K-1: What’s a K-1?: Schedule K-1 is a tax form used in the U.S. It represents an individual’s share of income, deductions, credits, etc., from partnerships, S corporations, or certain trusts. If you invest in one of these entities, you receive a K-1 showing your portion of the income or loss. Why Amortization is Relevant: When a partnership (or similar entity) owns intangible assets, those assets may be amortized. This amortization can create a tax deduction for the entity, reducing its taxable income. If you’re an investor in that entity, your share of that deduction would appear on your K-1. This could affect your personal tax return, potentially reducing your taxable income based on your share of the amortized expense. In simple terms, amortization on a K-1 represents your share of a tax benefit from the spreading out of certain costs by the entity you’ve invested in. These are Typical Sources of Amortization in the expenses of an investment: Organization Costs Definition: These are costs associated with forming a corporation, partnership, or limited liability company (LLC). They can include legal fees, state incorporation fees, and costs for organizational meetings. Amortization: These costs are typically amortized (spread out) over a period of 180 months (15 years) starting from the month the business begins operations. Start-up Costs Definition: These are expenses incurred before a business actually begins its main operations. They might include market research, training, advertising, and other pre-opening costs. Amortization: Similar to organization costs, start-up costs are generally amortized over a 15-year period beginning from the month the business officially opens its doors. Loan Fees Definition: These are costs or fees associated with obtaining a loan. Examples include origination fees, processing fees, and underwriting fees. Amortization: Instead of deducting these costs in the year they are incurred, businesses often amortize them over the life of the loan. So, if you paid a fee to obtain a 5-year loan, you’d spread out (amortize) that fee over the 5-year term. Permanent Loan Definition: This typically refers to a long-term loan, often used in real estate to replace a short-term construction loan. A permanent loan can last for decades. Amortization in this context: It often refers to the process of paying off the loan in regular installments over a set period. This is different from the amortization of loan fees. The principal and interest payments on a permanent loan gradually pay down the balance over time. Tax Credit Fees Definition: These fees might be associated with the process of obtaining tax credits for a business. For instance, in some cases, businesses might pay fees to consultants or brokers to secure certain tax credits or incentives. Amortization: The method and period over which these fees are amortized can vary based on specifics, but like loan fees, they’re often spread out over the period in which the associated tax credits are recognized or utilized.  

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Articles
Peter Locke

Employer Student Loan Payments Made Permanent

One of the most popular “temporary” pandemic benefits is now here to stay. The “Big Beautiful Bill” (OBBBA) permanently extends the ability for employers to make tax-free contributions toward employee student loans. From Temporary to Permanent Before 2020, any student loan help from an employer was treated just like wages, fully taxable to the employee. That changed under the CARES Act, which allowed employers to contribute up to $5,250 per year tax-free toward student loan balances. Initially set to expire at the end of 2020 (and later extended through 2025), OBBBA has now made the benefit permanent. Starting in 2027, the $5,250 cap will also be indexed to inflation. Planning consideration: This shift gives both workers and employers long-term certainty, making it easier to build student loan repayment into benefit strategies. How the Benefit Works Employers can provide up to $5,250 per year, per employee, to pay down either federal or private student loans. Payments can be made directly to the loan servicer or reimbursed to the employee. Tax-free to employees: The payments don’t count as income. Payroll tax savings for employers: Companies avoid payroll taxes on these amounts. Shared cap with tuition reimbursement: The $5,250 limit applies across both programs combined. For example, if an employer pays $3,000 toward graduate tuition and $2,000 toward loans, the entire $5,000 is tax-free. But if benefits exceed $5,250, the extra is taxable as wages. Planning consideration: Employees cannot deduct student loan interest for amounts repaid tax-free through this program. This makes coordination between employer benefits and personal tax planning important. Why It Matters in Boulder With the average CU Boulder graduate leaving school with around $25,000 in student loan debt, this benefit could have a major impact locally. Boulder employers, from tech startups to professional firms, can now use student loan assistance as a permanent tool to attract and retain talent in a competitive market. Planning consideration: For Boulder professionals balancing loan repayment with saving for retirement or a home, having an employer chip in tax-free can free up cash flow for other goals. The Bottom Line Student loan repayment assistance is now a permanent, tax-free employee benefit. Employers gain a flexible perk to support their workforce, and employees get meaningful relief without added tax burdens. Boulder workers should review whether their employer offers this program, and companies may want to consider adding it as part of a broader benefits package.  

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Articles
Peter Locke

President Biden’s 2022 Budget Request will change the way you plan

The three takeaways in this article: What you can expect regarding the Increase Capital Gains Rate How Estate Planning & Gifting will change next year How to use Tax Credits for parents and children While I was out to lunch with Sue, a small business owner in the Event Planning space, she asked me about Biden’s proposed tax increases and if she should be doing anything about it. Given that Sue is nearing retirement and her business is very profitable it was important to discuss how the proposed budget would impact her and the business.   Sue was hoping to work for 3-5 more years and then sell her business when she reaches 65 for Medicare purposes. While this is very much still an option, Sue and I decided to review her situation in more detail so she could make the most educated decision moving forward. Since selling a business and retiring is a massive decision in itself, if the new proposed tax law changes would help make her decision easier then it was my job to let her know.  The Capital Gains Rate is expected to increase from 20% to 39.6% on income in excess of $1 million Proposal: Increase the top capital gains rate (raising the capital gains tax is an alternative to raising the estate tax exemption) currently at 20% to 39.6% before application of the 3.8% net investment income tax for income in excess of $1 million (possibly retroactively – Yes, this can be done due to Article I, Section 9 of the United States Constitution) Ex: In 1993, the top ordinary income tax rate was increased on both ordinary income as well as the estate and gift tax retroactively to the beginning of the year (even though it was enacted in August).  What can Sue do: It may be worthwhile to accelerate the sale of her company in order to capture gains at today’s current top capital gain tax rate. Additionally, those that have appreciated land, real estate, stocks, collectibles, etc should look to do the same.  Ex: Sue (60) owns a company that she is looking to sell in the next 3-5 years as she is nearing retirement. Her income is typically $300,000 and the value of her business is $3 million. If she sells her business this year she will pay 20% instead of 39.6% (plus the 3.8% medicare surtax) on any income above $1 million. So, $460,000 (20% x $2.3 mill) vs. $910,800 (39.6% x $2.3 mill). The difference being $450,800 which if you invested at a 6% rate of return over the next 30 years (Sue at age 90) would be $2.58 million dollars.  Sue’s Options: Keep the business until she is ready to sell, sell the business now, or sell the business and consult the acquiring company for a set number of years for a lower sale price.  Our Guidance: Sell the business and consult the new company. This will enable her to bridge the gap between now and Medicare when paying for health insurance out of pocket is extremely expensive, capitalize on a low capital gain tax rate, and provide her the peace of mind that her clients will be taken care of while she collects an income.  Estate Planning & Gifting Death itself would become a capital gains realization event (1 million exemption) Gifting is now a realization event (so if you’re looking to gift an appreciated asset soon it may be worthwhile to accelerate that into this year)  Ex: If you gift an asset that has a basis of $100k and it is now worth $1mill then $900k would be taxed immediately. Previously, the recipient of the gift would not realize a taxable event until the asset is sold.  Tax Credits for Parents and their children are increasing Child and Dependent Care Tax Credit refundable credit up to 50% of up to $8,000 in expenses for one child/disabled dependent ($16k for more than one child/disabled dependent) with a phaseout and an exclusion of up to $10,500 in employer assistance/contributions for dependent care.  *Child Tax Credit extends the ARP child tax credit through 2025, including a maximum of $3,600 for children under 6 and $3,000 for children 6 through 17. Half of a taxpayer’s total allowable credit would be received as monthly advance payments and half would be paid when households file their taxes; any discrepancies would be reconciled on tax returns. Notably, by proposing that only half of the credit be paid out monthly, the resulting maximum monthly payments would be $150/$125 per child for 2022 through 2025, with the rest received at tax time, compared to maximum monthly payments of $300/$250 under the current ARP child tax credit in 2021. Full refundability, regardless of earned income, would become permanent. *Source – Biden Proposed Child Tax Credit Here are some additional facts and what you should know: The QBI (Qualified Business Income) deduction is here to stay – QBI Deduction – IRS 1031 exchanges, if you’re a married couple then Biden is proposing a 1 million per year cap on 1031 exchange exemption (500k for single filers) – 1031 Exchange – IRS Proposed 3.8% surtax to S-Corps distributions There have been talks about getting rid of  “Zeroed Out Grats” and rolling GRATs  What should you be doing now?  Think about your goals and objectives for your life, employment, gifting plans in order to prioritize the next steps If your income is less than 1 million then proposed tax increases don’t affect you Plan now and prepare while you have time. Planning on selling a business, piece of land, or real estate in December is not feasible. Sit down with your tax professional and CERTIFIED FINANCIAL PLANNER™ to plan the next steps

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