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Last Minute Tax Tips
Craig Hackler, Financial Advisor, Raymond James Financial Services

Here’s a potpourri of rules and ideas that are important for yearend planning.

Securities Sales To realize a gain or loss in 2007, the trade date must occur on or before December 31, 2007. Settlement date is irrelevant for publicly traded securities.

The limit on the deduction of capital losses in excess of capital gains is $3,000. Any net capital losses in excess of $3,000 are carried over into 2007. Both short- and long-term losses are counted on a dollar-for-dollar basis. A few years ago, long-term losses were worth only $.50 on the $1. No longer.

The holding period to achieve a longterm capital gain or loss is now more than twelve months. Count the period from trade date to trade date. Whether a gain is short- or long-term does make a difference. The date a long-term gain is realized also makes a difference. In general, net short-term gains are subject to a 35% maximum rate, while net long-term gains are taxed at a maximum of 15%. However, some gains may be subject to a 25 or 28% rate, such as gains on the sale of art or collectibles and gains on certain depreciated real property.

Retirement Plans If you are a calendar year taxpayer, the deadline for establishing a qualified retirement plan for deductions against 2007 income is December 31, 2007. The contribution need not be made until the tax filing deadline of the taxpayer’s return. Note however, that a SEP plan can still be established for 2006 deductions up until the return due date in 2007.

In order for a distribution to qualif y as a lump sum distribution, 100% of the balance to the credit of the employee must be distributed in one taxable year. If you have retired this year, make sure that you received (or will receive by year-end) everything you have coming under your former employer’s qualified retirement plan.

Charitable Contributions Many people make their annual charitable contributions during the holidays. If you’re going to make a cash contribution, mail the check by December 31, 2007 to qualify for a 2007 deduction. Giving a personal note or I.O.U. to the charity won’t qualif y for a deduction but donating with a credit card does.

Making gifts of securities is a very effective way to make charitable contributions. Charities are happy to receive odd lots. Donations of long-term capital gain property are deductible based on fair market value. It doesn’t make sense to donate short-term capital gain property; your deduction will be limited to your basis. Also, it doesn’t make sense to donate securities with losses; sell the stock and donate the cash. To claim a 2007 deduction, the security must actually be transferred to the charity before December 31, 2007.

Check in with your financial planner near the end of the year to see what deadlines and opportunities apply to your particular financial situation.

Social Security Numbers and Driver’s License Numbers on Pleadings. In order to make it easier for title companies and others to determine the identity of judgment debtors on abstracts of judgment, SB 699 requires that each party’s initial pleading in a civil action filed in a district court, county court or statutory county court include the last three digits of the party's drivers license number and the last three digits of the party's social security number. Proceedings in statutory probate courts are exempted from this requirement. Unfortunately, probate and guardianship cases in non-statutory probate court counties will be subject to the requirement. The requirement applies to civil actions filed on or after September 1, 2007.

Craig Hackler holds the Series 7 and Series 63 Securities licenses, as well as the Group I Insurance license (life, health, annuities). Through Raymond James Financial Services, he offers complete financial planning and investment products tailored to the individual needs of his clients. He will gladly answer your questions. Call him at 512.894.0574 or 800.650.9517

 

Texas Paralegal Journal © Copyright 2007 by the Paralegal Division, State Bar of Texas.

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