Interest Free Loans?

Sound too good to be true? Here's the real story....the Small Business Administration (SBA) is responding to the current economic recession with the recently announced ARC Loan Program. This loan program is designed to provide short term relief of up to $35,000 to small businesses facing an immediate financial hardship. Here are some of the other benefits:

  • No collateral required
  • No SBA loan fees
  • No payments for at least the first 12 months

Sounds great...I would like a dozen of these!!

Unfortunately, it's not quite that simple. To begin with, each small business is limited to one ARC loan. To qualify you will also need the following:

  • Your business is suffering an immediate financial hardship (such as declining revenues or difficulty making loan or vendor payments)
  • Financial statements demonstrating that your business had a positive cash flow in 1 of the last 3 years
  • Cash flow projections for the next 2 years indicating that you will be able to meet your current and future loan payments
  • Your business is no more than 60 days past due on any loan

ARC loans are not intended for start-ups, businesses that are already severely delinquent or businesses whose past performance/future cash flow indicate that the business is not viable.

If you have any additional questions regarding the new ARC loan program or any of the many recent SBA loan program improvements, please contact your lender orour Director of Business Consulting, Paul Breimayer at Ghirardo CPA at 415-408-5021.

Now's the Time for Estate Planning!

Now's the Time for Estate Planning Work hard, invest wisely and make prudent, educated decisions. These concepts have never been more important. With the current state of the economy, developing and implementing an estate plan that is right for you should be high on your priority list. Because asset values and interest rates are still at record lows, now is a great time to make estate planning decisions that will allow greater wealth to be passed to heirs.

The Gift Tax and How to Avoid It

The federal gift tax exists for one reason: to prevent taxpayers from avoiding the federal estate tax by giving away their money before they die. So while you can’t avoid estate taxes by giving your wealth away, there are certain estate planning advantages that can be realized through gifting.

Medical or tuition expenses are exempt from gift tax liability and do not count toward the annual exclusion amount. This is important because annual exclusion gifting allows you to transfer funds, gift tax-free, reducing your estate tax. Undervalued stocks are a great example of how to use gifting to your advantage during a recession. By transferring stock that today has a low value, but which you anticipate will recover in the future, you will not only avoid transfer taxes but will avoid paying gains on the stocks themselves.

Personal Loans Can be a Win-Win Option

Over the past several years, personal loans have become an increasingly more popular estate-planning strategy. The IRS sets minimum interest rates for personal loans, far below bank rates and depending on the maturity date. This is advantageous to the lender, as the smaller payments will decrease the amount of money being returned to the estate. When used in conjunction with the annual gift exclusion, gifts of the loan’s principal are made yearly by forgiving the amount due and thus maximizing the transfer of wealth and minimizing the estate tax. Be sure to properly document a personal loan to realize the intended benefits.

Grantor-Retained Annuity Trusts (“GRATs”)


A grantor retained annuity trust (GRAT), is a financial instrument commonly used to make large financial gifts to family members without paying a gift tax. This is advantageous in a down economy because if planned correctly, the appreciating asset can be transferred tax-free. When the GRAT is first set up, a “gift value” of the GRAT is calculated. The gift value is set equal to the initial contribution to the GRAT plus a theoretical interest earned on the principal minus the annuity payments that would be made through the end of the term. Thus at the end of the term, the value remaining in the GRAT may still be large, even though the initial IRS calculation suggests that it should have been zero. This remaining value is then passed on to the beneficiary without incurring a gift tax.

Charitable Lead Annuity Trust (”CLAT”)


A charitable lead annuity trust (CLAT) is a customized and independently managed trust that enables a donor to give a fixed annual amount to charity for either a specified amount of time or the life of one or more individuals. Once the term has concluded, the trust terminates and its remaining assets are distributed back to the donor or to one or more beneficiaries. CLATs are advantageous in a recession because the asset is kept in the donor’s name, provides income to the charitable organization and allows the beneficiary to keep the asset. The lower interest rates utilized in a CLAT result in a larger gift or estate tax deduction going to the charity and a smaller value for any gift of the remainder interest going to the beneficiary.

Act Now!

Ghirardo CPA’s estate planning consultants understand the importance of ensuring long-term financial security for your family and can help you structure a plan that takes advantage of these estate-planning tools. Click here to read more about our estate planning services.

What's Next for Your Business?

Just recently we have seen signs that the economy may be stabilizing. The stock market is up over 20% from the low reached in mid-March, consumer confidence is on the rise and several major banks have reported stronger than expected first quarter results. We’re not out of the woods yet, but the signs are much more promising than they were just eight weeks ago. So what’s next for your business? First make sure you have the resources (especially cash flow and financing) to make it through the current recession. Now is the time to position your business for the recovery that will ultimately come. Other items to consider:

1. Listen to your customers: what do they really want from you; are you providing it, could it be improved? What can you do to gain a larger portion of your customer’s business? Most business owners already have a pretty good grip on the answers to this, but as the owner/manager, customers and employees are not always telling you the way it really is. It’s a great time to approach this in a more systematic and unbiased manner...you could be very surprised at what you find!

2. Anticipate the next market move: Develop your long-term product/service strategy by asking yourself a few simple questions. Who are your toughest competitors from a product or service innovation standpoint? What emerging needs are they fulfilling? How has the current recession changed these needs? Are changing demographics or the economy re-shaping your customer base? Many larger companies increase their spending on R&D and new product development during a recession to be better positioned to take advantage of the market recovery.

3. Develop a plan: Where is your business really going? Where will it be in five years? Are you creating long-term value in your business that would someday be attractive to an outside investor? A downturn like this is a good time to pull together a strategic plan that will guide your business towards your longer-term goals after we emerge from the current economic recession.

How do you get started with any of this? Our Director of Business Consulting, Paul Breimayer, has the experience of a CPA, CFO and division manager of a Fortune 500 company. Give him a call at 415-408-5021 for a free consultation or check out all of our consulting services on our website.

Client Alert!

The IRS is warning taxpayers to be on the alert for e-mails and phone calls which claim to come from the IRS or other federal agencies and which mention their tax refund or economic stimulus payment. These are almost certainly a scam whose purpose is to obtain personal and financial information — such as name, Social Security number, bank account and credit card or even PIN numbers — from taxpayers, which can be used by the scammers to commit identity theft. The e-mails and calls usually state that the IRS needs the information to process a refund or stimulus payment or deposit it into the taxpayer's bank account. The e-mails often contain links or attachments to what appears to be the IRS Web site or an IRS “refund application form.” However genuine in appearance, these phonies are designed to elicit the information the scammers are looking for. Be aware that the IRS does not send taxpayers e-mails about their tax accounts.

American Recovery and Reinvestment Act of 2009

The American Recovery and Reinvestment Act of 2009 has been approved by Congress and signed by the President. The IRS will be implementing the tax-related provisions of this new program quickly. So what does this mean for you? Following are some of the highlights. First-Time Homebuyer Credit Expands

Homebuyers who purchase in 2009 can get a credit of up to $8,000 with no payback requirement.

The American Recovery and Reinvestment Act of 2009 expands the first-time homebuyer credit to include purchases made before December 1, 2009 with a maximum credit of $8,000 which can be claimed on a buyer’s 2008 tax return.

Payroll Checks Increase This Spring

The Making Work Pay Tax Credit will mean $400 to $800 for many Americans. The IRS has issued new withholding tables for employers. Please contact us if you need help implementing the withholding adjustments required by the new economic stimulus law.

General Information

For 2009 and 2010, the Making Work Pay provision of the American Recovery and Reinvestment Act will provide a refundable tax credit of up to $400 for working individuals and $800 for married taxpayers filing joint returns.

This tax credit will be calculated at a rate of 6.2 percent of earned income and will phase out for taxpayers with adjusted gross income in excess of $75,000, or $150,000 for married couples filing jointly.

The credit will typically be handled by employers through automated withholding changes in early spring. These changes may result in an increase in take-home pay. The amount of the credit must be reported on the employee’s 2009 income tax return filed in 2010. Taxpayers who do not have taxes withheld by an employer during the year can also claim the credit on their 2009 tax return.

Though all eligible taxpayers will need to claim the credit when they file their 2009 income tax return next year, the benefit will generally be spread out over the paychecks they receive beginning this spring and continue until the end of the year. Many higher-income taxpayers will see little or no change in their take-home pay. That’s because the Making Work Pay credit is phased out for a married couple filing a joint return whose modified adjusted gross income (AGI) is between $150,000 and $190,000 and other taxpayers whose modified AGI is between $75,000 and $95,000.

Taxpayers will not get a separate, special check mailed to them from the IRS like last year’s economic stimulus payment.

COBRA: Health Insurance Continuation Subsidy

The American Recovery and Reinvestment Act of 2009 establishes an employer-provided subsidy for employees who involuntarily lose their jobs.

Information for Employees or Former Employees

Workers who have lost their jobs may qualify for a 65 percent subsidy for COBRA continuation premiums for themselves and their families for up to nine months. Eligible workers will have to pay 35 percent of the premium to their former employers.

To qualify, a worker must have been involuntarily separated between September 1, 2008, and December 31, 2009. Workers who lost their jobs between September 1, 2008, and enactment, but failed to initially elect COBRA because it was unaffordable, get an additional 60 days to elect COBRA and receive the subsidy.

This subsidy phases out for individuals whose modified adjusted gross income exceeds $125,000, or $250,000 for those filing joint returns. Taxpayers with modified adjusted gross income exceeding $145,000, or $290,000 for those filing joint returns, do not qualify for the subsidy.

$250 for Social Security Recipients, Veterans and Railroad Retirees

A one-time payment of $250 will be made in 2009 to:

  • Retirees, disabled individuals and Supplemental Security Income (SSI) recipients receiving benefits from the Social Security Administration.

  • Disabled veterans receiving benefits from the U.S. Department of Veterans Affairs.

  • Railroad Retirement beneficiaries.

The IRS will not make this payment — unlike last year’s economic stimulus program. The Economic Recovery Payment will be paid by the Social Security Administration, Department of Veterans Affairs and the Railroad Retirement Board.

The economic recovery payment will be a reduction to any Making Work Pay credit for which the recipient qualifies. The Making Work Pay credit will be claimed on the recipient’s 2009 tax return filed in 2010.

Money Back for New Vehicle Purchases

The American Recovery and Reinvestment Act of 2009 provides a deduction for state and local sales and excise taxes paid on the purchase of new cars, light trucks, motor homes and motorcycles through 2009. The deduction is available regardless of whether a taxpayer itemizes deductions on Schedule A. Purchases before February 17, 2009, are not eligible for this special deduction.

The deduction is limited to the tax on up to $49,500 of the purchase price of an eligible motor vehicle. The deduction is phased out for joint filers with modified adjusted gross income between $250,000 and $260,000 and other taxpayers with modified AGI between $125,000 and $135,000.

Following are a few general questions and answers regarding the new recovery package: Could the new law affect 2008 tax returns? Generally, no. The new law does not have any major impact for the vast majority of individuals preparing their 2008 tax returns due April 15. Instead, these changes will largely impact 2009 tax returns filed next year, in 2010.

There are a few limited areas in the law that could impact 2008 tax returns. For some small businesses, changes in the net operating loss provisions could affect 2008 tax returns. And for first-time homebuyers there is an expanded credit available on 2008 tax returns. Please feel free to contact your Ghirardo CPA tax professional for more information.

Does this new recovery program have any impact on the recovery rebate credit for 2008 tax returns being filed now? No. But the IRS reminds taxpayers to make sure they properly determine eligibility for the recovery rebate credit before they file their 2008 federal tax returns.

For more information about the American Recovery and Reinvestment Act of 2009 visit www.recovery.gov.

SBA Loans Now on Sale!

That's right, major improvements to the Small Business Administration loan programs have been recently announced. Two of the most important changes:

  • The SBA will increase it's guarantee to 90% on certain loans, reducing lender risk. What this means is that lenders will be more likely to approve SBA applications than they were just a few weeks ago.
  • The SBA is waiving the guarantee fees for all SBA 7(a) loans with maturities exceeding 12 months. This is big.....SBA fees range from 2% to 3.75% of the guaranteed portion of the loan. So while the SBA interest rate is usually acceptable, the SBA fees, on top of the lender's fees, are expensive. Think of this as a one-time sale on SBA financing!

So if you're worried about your company's financing or maybe you were recently turned down, it's a good time to take another look at SBA financing.

Frequently Asked Questions:

1. Why SBA? With the current economic recession and increasing bank capital and regulatory pressure, SBA financing has become one of the strongest remaining sources of financing for small businesses. Loans that would otherwise be turned down under traditional lender guidelines may qualify under the frequently more lenient SBA loan guidelines. SBA loan programs also allow longer terms....an important factor in today's uncertain economy.

2. Who offers SBA financing? Many local banks and financial institutions participate in the SBA lending programs.

3. How do I begin? You should begin by determining what your short and medium-term financing needs are. A cash flow projection which can be stress-tested under different scenarios is a good place to start. Once you know what your financing requirements are, it's time to approach the appropriate lender. You need to be ready to prepare a full application package (streamlined SBA loan programs are available in certain limited instances) including a business plan and financial projections (while the SBA lending guidelines may be more lenient, the documentation standards are generally higher than with traditional bank financing).

4. Is there any help? Glad you asked! At Ghirardo CPA we specialize in SBA financing for our clients. If you need help calculating your financing needs, selecting the appropriate lending source, preparing/presenting your application package or negotiating the rates and fees, we have experienced professionals ready to help. Contact our Director of Business Consulting, Paul Breimayer at 415-408-5021 for more information.

2008 Tax Law Change Highlights

Some of the changes taxpayers will see on their 2008 tax returns include: a rise in AMT exemptions, a new standard property tax deduction, a special first-time homebuyer credit and expanded retirement savings incentives. Economic Stimulus Payments Tax Free

Economic stimulus payments are not taxable, and not reported on 2008 tax returns. However, the stimulus payment does affect whether a taxpayer can claim the Recovery Rebate Credit and how much credit he or she can get. The credit is figured like last year’s economic stimulus payment except that the amounts are based on tax year 2008. A taxpayer may qualify for the Recovery Rebate Credit if, for example, she did not get an economic-stimulus payment or had a child in 2008.

AMT Exemption Increased for One Year

For tax-year 2008, Congress raised the alternative minimum tax exemption to the following levels:

  • $69,950 for a married couple filing a joint return and qualifying widows and widowers, up from $66,250 in 2007
  • $34,975 for a married person filing separately, up from $33,125 and
  • $46,200 for singles and heads of household, up from $44,350

Currently, these exemption amounts will drop to $45,000, $22,500 and $33,750, respectively, in 2009.

Expiring Tax Breaks Renewed

The following tax breaks that expired at the end of 2007 were renewed for 2008 and 2009. Eligible taxpayers can claim:

  • The deduction for state and local sales taxes
  • The educator expense deduction
  • The tuition and fees deduction
  • The District of Columbia first-time homebuyer credit

In addition, the residential energy-efficient property credit is extended through 2016. In general, solar electric, solar water heating and fuel cell property qualify for this credit. Starting in 2008, small wind energy and geothermal heat pump property also qualify.

The non-business energy property credit for insulation, exterior windows, exterior doors, furnaces, water heaters and other energy-saving improvements to a main home is not available in 2008 but will return in 2009.

Standard Deduction Increased for Most Taxpayers

Almost two thirds of taxpayers choose to take the standard deduction rather than itemizing deductions. The basic standard deduction is:

  • $10,900 for married couples filing a joint return and qualifying widows and widowers, a $200 increase over 2007
  • $5,450 for singles and married individuals filing separate returns, up $100 and
  • $8,000 for heads of household, up $150

New this year, taxpayers can claim an additional standard deduction, based on the state or local real-estate taxes paid in 2008. Taxes paid on foreign or business property do not qualify. The maximum deduction is $500, or $1,000 for joint filers.

Also new for 2008, a taxpayer can increase their standard deduction by the net disaster losses suffered from a federally declared disaster.

First-Time Homebuyer Credit

Those who bought a main home recently or are considering buying one may qualify for the first-time homebuyer credit. Normally, a taxpayer qualifies if she didn’t own a main home during the prior three years. This unique credit of up to $7,500 works much like a 15-year interest-free loan. It is available for a limited time only – on homes bought from April 9, 2008, to June 30, 2009. It is repaid each year as an additional tax. Income limits and other special rules apply.

Contribution Limits Rise for IRAs and Other Retirement Plans

More people can make tax-deductible contributions to a traditional IRA this filing season. The deduction is phased out for singles and heads of household who are covered by a workplace retirement plan and have modified adjusted gross incomes (AGI) between $53,000 and $63,000, compared to $52,000 and $62,000 last year.

For married couples filing jointly, in which the spouse who makes the IRA contribution is covered by a workplace retirement plan, the income phase-out range is $85,000 to $105,000, up from $83,000 to $103,000 last year.

Where an IRA contributor who is not covered by a workplace retirement plan is married to someone who is covered, the deduction is phased out if the couple’s income is between $159,000 and $169,000, up from $156,000 and $166,000 in 2007.

The phase-out range remains $0 to $10,000 for a married individual filing a separate return who is covered by a retirement plan at work.

For 2008, the elective deferral (contribution) limit for employees who participate in 401(k), 403(b) and most 457 plans remains unchanged at $15,500. This limit rises to $16,500 in 2009. The catch-up contribution limit for those aged 50 to 70-½ remains at $5,000 in 2008 but rises to $5,500 in 2009.

The AGI phase-out range for taxpayers who contribute to a Roth IRA is $159,000 to $169,000 for joint filers and qualifying widows and widowers, compared to $156,000 to $166,000 in 2007. For singles and heads of household, the comparable phase-out range is $101,000 to $116,000, compared to $99,000 to $114,000 in 2007.

Standard Mileage Rates Adjusted for 2008

The standard mileage rate for business use of a car, van, pick-up or panel truck is 50.5 cents per mile from Jan. 1, 2008, to June 30, 2008, up 2 cents from 2007. The rate is 58.5 cents for each mile driven during the rest of 2008.

From Jan. 1, 2008, to June 30, 2008, the standard mileage rate for the cost of operating a vehicle for medical reasons or as part of a deductible move is 19 cents per mile, down a penny from 2007. The rate is 27 cents from July 1 to Dec. 31.

The standard mileage rate for using a car to provide services to charitable organizations is set by law and remains at 14 cents a mile.

Exemptions Rise

The value of each personal and dependency exemption is $3,500, up $100 from 2007. Most taxpayers can take personal exemptions for themselves and an additional exemption for each eligible dependent. An individual who qualifies as someone else’s dependent cannot claim a personal exemption, and though personal and dependency exemptions are phased out for higher-income taxpayers, the phase-out rate is slower than in past years.

Taxes Lowered for Many Investors

The five-percent tax rate on qualified dividends and net capital gains is reduced to zero. In general, this reduction applies to investors whose taxable income is below:

  • $65,100, if married filing jointly or qualifying widow or widower
  • $32,550, if single or married filing separately or
  • $43,650, if head of household.

Kiddie Tax Revised

The tax on a child's investment income applies if the child has investment income greater than $1,800 and is:

  • Under 18 years old
  • 18 years of age and had earned income that was equal to or less than half of his or her total support in 2008, or
  • Over 18 and under 24, a student and during 2008 had earned income that was equal to or less than half of his or her total support

Previously, the tax only applied to children under age 18.

Self-Employment Tax Changes

For those who receive Social Security Retirement or disability benefits, any Conservation Reserve Program (CRP) payments are now exempt from the 15.3-percent social security self-employment tax.

More farmers and self-employed people this year can choose the optional methods for figuring and paying the self-employment tax. These optional methods allow those with net losses or small amounts of business income a way to obtain up to four credits of Social Security coverage. The income thresholds for both the farm optional method and the nonfarm optional method are increased for 2008 and indexed for inflation in future years. Choosing an optional method may increase a taxpayer’s self-employment tax but it may also qualify him for the earned income tax credit, additional child tax credit, child and dependent care credit or self-employed health insurance deduction.