Haven’t
seen your CPA since you filed your tax return in early 2013? Paid the
minimum in estimated taxes to avoid being penalized by the IRS? Made
approximately the same amount of money in 2012 as 2013? You may have a
problem – a tax debt problem. Don’t panic, review all your options
before taking drastic action to pay that tax bill.
So what happened? A lot. 2013 brings with
it many tax increases for those in higher income tax brackets.
Individuals earning over $250,000 and couples earning over $300,000 will
start to lose their itemized deductions. Individuals earning over
$400,000 and couples over $450,000 hit the new 39.6% top marginal tax
rate. Additionally, they are subjected to the 3.8% medicare surtax on
investment income. Finally, they lose the personal exemption of $3,900
this year. These quickly add up. Capital gains rates have taken a
“bump” too for those earning more than $400,000 as a single person and
over $450,000 as a couple, from 15% to 20%.
These new changes may cause some to be
surprised when they pick up their tax returns. Taxpayers who have owed
little or none before may find themselves in a situation where they
don’t have liquid cash to simply write a check the U.S. Treasury. If you
don’t have the cash, the last thing you want to do is take action that
increases your 2014 tax bill. In other words, you wouldn’t want to take
an early withdrawal from your IRA or 401(k). These withdrawals could
cause you to incur both taxes and penalties. Further, you want to avoid a
cash out of non-retirement assets that drive up your capital gains
taxes or cause you to incur other ordinary income tax consequences.
Perhaps you have access to a line of
credit to pay your taxes – either secured or unsecured – such as a home
equity loan or line of credit through a bank card. These could carry
hefty closing costs if you are trying to establish them for the purpose
of accessing cash to pay the taxes. And, home equity loans on average
carry a 6% interest rate at this time. Other lines of credit could
carry interest rates in the double digits. A problem with using the line
of credit, especially if you don’t have it established, is that it
could take time to obtain the cash. Delay in paying the tax bill could
cause further penalties and interest.
One option that you can consider, if you
need time, is asking the IRS for a “full pay delay.” It is not uncommon
for the IRS to place a 120 day hold on collection action while you
acquire funds. Another option is to establish a payment agreement
directly with the IRS. In many cases, the payment agreement can be
established without full financial disclosure and without the filing of a
tax lien. The interest rate at the IRS is actually pretty low,
currently about 3%. Additionally, penalties for failure to full pay
your tax bill will accrue. Regardless, this is another viable option
that may very well be your cheapest overall option.
When analyzing this type of situation,
regardless of what option the taxpayer chooses to resolve the debt, the
taxpayer must plan for 2014 current taxes. This will be necessary to
avoid a similar shortfall like the one in 2013. So, from a cash-flow
perspective, the taxpayer will have to balance some mechanism to retire
the 2013 taxes while not creating a new balance for 2014.
If a taxpayer has a $25,000 shortfall for
2013, that will likely also be the case for 2014. As such, an increase
of greater than $2,000 per month in estimated taxes will be required to
close the gap. This type of foresight is necessary when looking at
options to deal with the 2013 debt.
If you would like more assistance with
resolving your 2013 tax balances and planning for 2014, please don’t
hesitate to contact our office.