ESTATE, TRUST, GUARDIANSHIP

Special Needs Trust Seminar

May 19, 2019 by Pamela Avraham

Urbach & Avraham, CPAs

INVITES YOU TO A

Complimentary Seminar on Special Needs Trusts

for your Disabled Family Member

Wednesday, May 22, 2019 from 8:00 a.m. to 9:45 a.m.

At 1581 Route 27, Suite 201, Edison, NJ 08817

As a service to our clients, we are pleased to host guest speaker,

Shirley B Whitenack, Esq. of Schenck, Price, Smith & King, LLP

Shirley will discuss:

Brief overview of Special Needs Trusts
First and third-party Special Needs Trusts
Sole benefit of trusts- allows seniors to give money to a
disabled person without incurring a Medicaid penalty-
both elderly and disabled person can receive Medicaid benefits

Shirley Whitenack is a partner at Schenck, Price, Smith & King in Florham Park, NJ. She helps NJ families with elder and special needs law, estate planning and administration and trust & estate litigation. She is a Past President of the National Academy of Elder Law Attorneys and a member of the Special Needs Alliance, an invitation-only group of special needs planning attorneys. Shirley publishes and lectures on topics related to guardianship, elder and special needs law, planning for incapacity and availability of government benefits, Supplemental Security Income (SSI) and Social Security Disability (SSD), Medicaid planning and estate and trust litigation.

Please RSVP to Pamela at pma@ua-cpas.com

Bagel breakfast will be served!

Special Needs Trust- Complimentary Seminar

May 14, 2019 by Pamela Avraham

Urbach & Avraham, CPAs INVITES YOU TO A

Complimentary Seminar on Special Needs Trusts

for your Disabled Family Member

Wednesday, May 22, 2019 from 8:00 a.m. to 9:45 a.m.

At 1581 Route 27, Suite 201, Edison, NJ 08817

As a service to our clients and friends, we are pleased to host guest speaker,

Shirley B Whitenack, Esq. of Schenck, Price, Smith & King, LLP

Shirley will discuss:

Brief overview of Special Needs Trusts
First and third-party Special Needs Trusts
Sole benefit of trusts- allows seniors to give money to a
disabled person without incurring a Medicaid penalty-
both elderly and disabled person can receive Medicaid benefits

Please RSVP to Pamela at pma@ua-cpas.com

Bagel breakfast will be served!

Complimentary Seminar on Medicaid and Long-Term Care

March 10, 2019 by Pamela Avraham

Urbach & Avraham, CPAs INVITES YOU TO A

Complimentary Seminar on Medicaid

And Long-Term Care/Nursing Home Care

Wednesday, March 27, 2019 from 8:00 a.m. to 9:45 a.m.

At 1581 Route 27, Suite 201, Edison, NJ 08817

As a service to our clients, we are pleased to host guest speaker,

Mark R Friedman, Esq. of Friedman Law

Mark will discuss:

Brief overview of basic estate planning documents
Long term care in a nursing home
Will the government take my money? Medicaid eligibility
Should I put my house in my kid’s name? How gifts affect Medicaid

Mark R. Friedman is an attorney practicing with FriedmanLaw in Bridgewater, NJ. He helps NJ families navigate the complexities of Medicaid, long-term care, nursing homes and asset protection. He serves on the Executive Committee of the NJ State Bar Association’s Elder and Disability Law Section, and lectures the public and other lawyers on legal issues affecting seniors and people with disabilities.

Please RSVP to Pamela at pma@ua-cpas.com

Bagel breakfast will be served!

New Tax Deduction for Owners of Qualified Businesses

February 4, 2019 by Pamela Avraham

Good news for partnerships, S corporations, sole proprietorships, and estates and trusts

(pass-throughs) which can deduct up to 20% of their Qualified Business Income (QBI) under new IRS Section 199(A).

What is Qualified Business Income? Qualified Business Income is net income that is received from a Qualified Trade or Business. Capital gains, and dividend and interest income are not considered business income. Guaranteed payments or wages paid to owners are excluded.
What is a Qualified Trade or Business? A Qualified Trade or Business is any trade or business that is not a “Specified Service Trade or Business” defined by the IRS as the following:
• businesses in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, or brokerage services,
• any banking, insurance, financing, leasing, investing, or similar business,
• operating a hotel, motel, restaurant, or similar business, and
• businesses involved in investing and investment management, trading, or dealing in securities

Income Limitation for Specified Service Trade or Businesses Owners of a Specified Service Trade or Business may take the QBI Deduction if their taxable income is below $157,500 for single filers ($315,000 for Married Filing Joint) to be eligible for the full deduction.

How is the QBI Deduction Calculated? The QBI Deduction usually is the smaller of 20% of the Qualified Business Income or 20% of taxable income. For example, a single self-employed lawyer has $150,000 of QBI. His taxable income is $138,000(below the income limitation). Therefore, his QBI deduction is $27,600, which is 20% of his taxable income.

Good news for staffing firms, and the real estate industry! The IRS proposed regulations clarify that the following businesses qualify for the QBI deduction with no income limitation: staffing firms, real estate agents and the rental of tangible or intangible property to a related business. Other rental real estate properties may qualify if the activity rises to the level of a business.
Limitations for Qualified Businesses – these businesses have no income limitations but may be limited based on the business’s W-2 wages and unadjusted basis in qualified property. The amount of the tax deduction will vary depending on the specific taxpayer circumstances.
Want to maximize your deduction? Whether your business is a Qualified Business or a Specified Service Trade or Business and regardless of your income level, there are numerous tax moves one can do to maximize this new Sec 199(A) deduction- even for 2018! Please consult with us about your situation.

NJ Death Taxes are not all Dead

January 31, 2019 by Pamela Avraham

Prior to 2018, all NJ estates in excess of two million dollars were subject to the NJ estate tax. As of Jan. 1, 2018, NJ repealed its long-standing estate tax. Even out-of staters with beach houses no longer are subject to the NJ estate tax.

When Aunt Em passed away, you as the favorite niece expect to inherit without any NJ death tax. Not so fast, the wicked witch is still not dead.

NJ Inheritance Taxes are still haunting us

New Jersey imposes two death taxes- the estate tax and the inheritance tax. The inheritance tax in NJ is alive and kicking. This tax has different rates depending on who the beneficiaries are.

Is anyone exempt from this inheritance tax? Immediate family members, who are Class A beneficiaries, can inherit without paying the tax. Class A beneficiaries include spouses, parents, grandparents and descendants- children, grandchildren and great-grandchildren of the deceased.

What are the rates? For assets passing to Class C beneficiaries the rate is 11% to 16% for amounts in excess of $25,000. This class of beneficiaries includes siblings, and the spouse, widow or widower of a child of the decedent. For assets passing to all other beneficiaries (Class D beneficiaries-nieces, nephews, sisters and brothers-in-law, cousins, etc.) the inheritance tax rate is 15% to 16%.

Any surprise situations? Frequently there are unusual situations which unexpectedly trigger the NJ Inheritance Tax. Uncle Henry, a widower, leaves all his assets to his children. No NJ Inheritance tax- right? Read the Will carefully. Henry had been living with his girlfriend in recent years and left her the right to remain in his home for two years after his passing. This right to live in the home is called a life estate. It is an asset subject to NJ inheritance tax in this case because the recipient, his girlfriend, is a Class D beneficiary.

Grandpa Zeke was widowed and remarried. He leaves all his assets to his grandchildren and to the grandchildren of his second wife. Step-children are Class A beneficiaries and exempt from the inheritance tax. However, step-grandchildren are not Class A beneficiaries but rather Class D and subject to the tax.

How is the tax paid? The NJ Inheritance Tax Return, Form IT-R for residents or Form IT-NR for non-residents, must be filed with the state and the tax paid within eight months after the decedent’s date of death. The state automatically places liens against a decedent’s property until inheritance taxes are paid, or it is established that the recipient of the property is exempt.

Need estate tax planning? We work with many qualified estate tax attorneys who are wizards in estate taxation and can assist you in estate planning. Our CPA firm prepares NJ Inheritance Tax Returns and assists executors in filing timely and paying the lowest tax possible.

Inherited an IRA? Look Before you Leap!

January 17, 2019 by Pamela Avraham

If you inherit a traditional individual retirement account (IRA), you also may inherit a large income-tax burden. How you choose to receive the money will be a

big factor. If you don’t need the money right away, there are ways you can defer or spread out the tax burden.

When You Are the Surviving Spouse

If you are the deceased IRA owner’s surviving spouse and beneficiary, you have several ways to defer income taxes on the money. One way is to roll over the inherited IRA into your own new or existing IRA. A rollover allows the assets to continue to grow tax deferred until you reach age 70½. Then, annual IRA withdrawals become mandatory.

When You Are Not the Surviving Spouse

The IRA distribution rules differ when you aren’t the spouse. But you can still spread out the tax burden. One option may be for you to receive annual distributions from the IRA based on your life expectancy. This will spread out the distributions — and the taxes — over a number of years. The younger you are, the longer you can stretch out the payments, and the longer the money can stay in the account and benefit from potential tax-deferred growth. This particular option is not available if the account had no designated beneficiary.

Inherited IRAs are subject to potential risks, such as tax law changes and the impact of inflation.

Give us a call before you make any moves, so we can help you determine the right course of action for you.