Michael Gray, CPA’s Option Alert #69
An irregular alert for issues relating to employee stock options
June 5, 2009
© 2009 by Michael Gray, CPA
ISSN 1931-2768
(If you find this information valuable, please pass it on to a colleague!)
Table of Contents
- Second 2008 estimated tax payment is due June 15
- Details of expected tax changes released
- Employee stock option expenses required to be allocated under cost-sharing agreement
- Need help with refundable minimum tax credit?
- Half-price offer for 2009 Edition of Secrets of Tax Planning for Employee Stock Options
- Michael Gray presents LIVE lunchtime “Secrets of Tax Planning for Employee Stock Options” seminar on June 26
- Need help finishing an extended 2008 income tax return?
- Have you thanked Reform AMT?
- Do you know about our other newsletters?
- IRS Circular 230 Disclosure
- Consult with a tax advisor
- Subscribe to Michael Gray, CPA’s Option Alert
Second 2008 estimated tax payment is due June 15
Remember the second estimated tax payments for calendar year taxpayers are due on June 15. If you have a change in your situation or your estimated taxes are based on your 2009 income and deductions, you should contact your tax advisor now.
California noncorporate taxpayers who expect their 2009 adjusted gross income to be $1 million or greater ($500,000 or greater for married persons or registered domestic partners filing a separate return) can no longer base their estimated tax payments on last year’s income tax returns. Quarterly estimated tax reviews are critical to avoid penalties for underpayment of estimated tax for these taxpayers.
Remember, California’s individual income tax rates are increased 0.25% across the board for 2009.
If we can be of service with this, call Mike Gray at 408-918-3161.
Details of expected tax changes released
The U.S. Treasury has released some details about President Obama’s fiscal year 2010 tax proposals.
For individuals, the top individual tax rates are scheduled to go back to 39.6% and 36% after 2010. The higher rates will apply to single persons with incomes above $200,000 and for married persons filing a joint return with incomes above $250,000. It’s still unclear if the threshold will be based on adjusted gross income or taxable income.
For individuals over the same $200,000 and $250,000 thresholds, the maximum tax rate for long-term capital gains and qualified dividends are scheduled to increase to 20% for tax years after 2010. For individuals below the thresholds, the 15% maximum rate for long-term capital gains and qualified dividends and the zero rate for low-income taxpayers would be extended.
(General Explanation of the Administration’s FY 2010 Revenue Proposals.)
Employee stock option expenses required to be allocated under cost-sharing agreement
The Ninth Circuit Court of Appeals has ruled that the IRS had authority to allocate employee stock option costs for a U.S. corporation to a related Irish unlimited liability company under a cost-sharing agreement.
The court said the requirement in Regulations Section 1.482-7(d) that “all costs” be shared between such parties applied and nothing in the tax treaty between the United States and Ireland was inconsistent with the regulation.
(Xilinx, Inc. v. IRS, CA-9, 2009-1 USTC 50,405.)
Need help with refundable minimum tax credit?
Some people are finding reconstructing their minimum tax credit information a challenging task. They might have incurred the AMT when they exercised an incentive stock option back in 1999 and 2000 and didn’t pick up the carryover information for the credit in the later years.
Effective for 2008, you might be able to get a tax refund for the minimum tax credit plus penalties and interest paid to the IRS relating to an alternative minimum tax for exercise of an incentive stock option.
We understand the mechanics of how the alternative minimum tax works, so we can help you reconstruct this information.
We can claim the refundable minimum tax credit on an amended 2008 federal return or an extended 2008 federal return.
To schedule a complementary half-hour consultation with no obligation, call Dawn Siemer on Monday, Wednesday or Friday at 408-918-3162.
Half-price offer for 2009 Edition of Secrets of Tax Planning For Employee Stock Options
We are ready to ship the updated 2009 Edition of Secrets of Tax Planning For Employee Stock Options.
The retail price of the book will be $199.95. If you order by July 15, 2009, you can get the book for half price, $99.98, plus $15.00 shipping and handling and $10.64 California sales tax, if applicable.
For more details and to order, visit http://www.siliconvalleypublishingcompany.com/products/secrets-of-tax-planning-for-employee-stock-options-2014-edition. You can also call your order to Dawn Siemer on Monday, Wednesday or Friday at 408-918-3162.
Michael Gray presents LIVE lunchtime “Secrets of Tax Planning For Employee Stock Options” seminar on June 26
Michael Gray, CPA will present a live lunchtime “Secrets of Tax Planning For Employee Stock Options” seminar on Friday, June 26, 2009. The seminar will take place at Hobees restaurant in the Pruneyard, Campbell, Califonria. (Close to San Jose.) The $97 investment includes lunch.
Need help finishing an extended 2008 income tax return?
Unlike some commercial tax return preparation companies, we’re here all year.
If you exercised employee stock options or sold option stock during 2008, you should seriously consider getting help with your returns. We have seen some crazy errors when people prepare their own income tax returns using off-the-shelf software.
To schedule a complementary half-hour consultation with no obligation, call Dawn Siemer on Monday, Wednesday or Friday at 408-918-3162.
Have you thanked Reform AMT?
It’s exciting to finally recover minimum tax credits from ISO exercises that have been “locked up” for years.
I hope you celebrate when you receive your refund check.
I also hope your remember that you received your refund as the result of a nine-year effort by volunteers at Reform AMT. In the process, they incurred significant lobbying expenses that still are unpaid.
Do you know about our other newsletters?
For general tax developments, tax planning ideas, business development ideas and book reviews, subscribe to Michael Gray, CPA’s Tax & Business Insight.
We are now offering our real estate tax newsletter, Michael Gray, CPA’s Real Estate Tax Letter, free of charge. Like this newsletter, we will talk about new developments, have reports on special tax concerns, and answer questions and answers. To subscribe and read a sample issue, visit realestatetaxletter.com.
IRS Circular 230 Disclosure:
As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained in this communication was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.
Consult with a tax advisor
For our readers who aren’t tax advisors, this newsletter is intended to alert you about tax issues that could affect you. It is not a substitute for advice from a professional tax advisor. You will find that getting advice from a qualified advisor is a worthwhile investment.
Tax advisors should view the newsletter as an alert to become aware of issues relating to employee stock options for further research and study.
Subscribe to Michael Gray, CPA’s Option Alert!
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(Michael Gray is the author of Secrets of Tax Planning For Employee Stock Options, Stock Grants and ESOPs.)