ELIOT H. LEBENHART, CPA
Jericho Atrium
500 North Broadway, Suite 241
Jericho,  New York  11753
Phone: 516.932.3055   Fax: 516.932.3061
www.ehlcpa.com
E-mail:  info@ehlcpa.com
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November 2007

Dear Clients & Friends:

The holiday season is now upon us and as always, tax season is just around the corner. It was just last month that we completed the 2006 individual tax returns. More clients were familiar with the e-file process and all in all, tax season was smoother this year.

We are going to provide additional enhancements that will hopefully make your job of compiling your tax information easier. In January, we will be mailing you tax organizers which will provide you with detailed information on what was on last years tax return. It will help you to better organize your information and hopefully provide us with all of your tax information in an orderly and timely fashion.

As I mentioned in previous letters, e-filing is now mandated by New York State. Unless you advise us otherwise, all tax returns, wherever possible, will be e-filed. A quick summary of the e-file procedures is listed below:

  1. In order to e-file your tax return, we will be sending you a copy of your tax return for your review and retain for your records.
  2.  Included will be Form 8879 plus appropriate State forms, if applicable, that you will need to sign authorizing us to file the tax returns on your behalf. This form must be sent back to us immediately in order to complete the e-filing process. Without this form, we are prohibited from e-filing your tax return.
  3. If you have a balance due, you can pay by check or electronically transfer the balance due on or about the due date.
  4. If you want to further decrease the time it takes to receive your tax refunds, please provide us with your bank name, type of account, bank account number and routing number. The Internal Revenue Service and the State will electronically deposit your tax refund into your bank account. This will eliminate a check being mailed to you, further reducing the time it will take to receive your refund.
  5. When e-filing your tax return, we will receive an acknowledgment within 48 hours that the IRS and New York State have received and accepted the tax return for filing. We will then notify you by mail of their receipt.
There has been a lot of recent publicity about the Alternative Minimum Tax (AMT). As I have stated in previous letters, AMT is a tax that eliminates many of a taxpayer’s deductions and leaves the taxpayer owing more tax. AMT is an additional tax that becomes applicable when the AMT calculation of tax due exceeds the regular income tax. Individuals must first calculate the regular tax and then modify that calculation with certain adjustments and add backs.

Unfortunately, AMT does not allow a deduction for taxes and miscellaneous itemized deductions along with certain home equity loan interest. AMT effects taxpayers who live in urban areas since their real estate taxes and state and local income taxes become nondeductible in the AMT calculation. As of 2006, AMT effected more than five million tax returns. By 2010 it is projected that 90% of all households with an adjusted gross income in excess of $100,000 will be subject to AMT. Many of you have fallen into the AMT trap and the way the present law is structured, AMT eliminates a good deal of tax planning. Congress is well aware of the AMT problem and that it is effecting a much larger portion of the population than it was originally intended to.

As of the printing of this letter, Congress has still not enacted temporary relief for individuals from this year’s increase in AMT. It is anticipated that temporary relief will be enacted soon, but it has made tax projections difficult. It will delay processing of tax returns by the IRS since they, along with our software provider, need time to reprogram their computer software when and if any AMT relief is passed.

There have been some tax changes for 2007. The kiddie tax rules are much less generous today than they were two years ago. The 2007 Small Business Tax Act extends the kiddie tax by raising the age limit to include all children under age 19 and full time students under age 24 effective January 1, 2008. For 2007 the age limit is 18.

In 2007, there is still a $500 residential energy credit available for primary personal residences. The credit is $50 for advanced main air circulating fans, $150 for energy-efficient qualified natural gas, propane or oil furnace or hot water boiler and $300 for energy efficient building property including heat pumps, central air and water heaters. No more than $200 or the $500 lifetime maximum may be attributable to window expenditures. There is also a $2,000 credit available for solar equipment.

Please be aware that starting in 2010, there will be no maximum income level to restrict conversion of a traditional IRA into a Roth IRA. Maximizing that opportunity, can begin immediately for those taxpayers presently over the limit. This strategy calls for making annual contributions to a nondeductible IRA that can be converted to a Roth IRA in 2010 when the income cap is lifted. You will have to pay taxes when you convert a traditional IRA to a Roth IRA and you will also have to pay taxes on the income earned on a nondeductible IRA upon conversion. The tax due on the conversion from a traditional to a Roth IRA will be payable in two equal installments in 2011 and 2012.

We will continue to monitor what, if anything, Congress will pass between now and the end of the year and we will advise you, if applicable.

The unified estate and gift tax exemption has remained at $2 million. In addition, the annual gift exclusion has also stayed at $12,000.

We continue to advise our clients to fully maximize allowable contributions to tax deferred retirement programs. For self-employed and corporate clients, you must open a profit-sharing plan by December 31, 2007, however, the plan contributions can be funded up to the due date of the tax return, including extensions. The maximum contribution to a profit-sharing plan and SEP IRA in 2007 is $45,000 and will increase to $46,000 in 2008. SEP IRA’s can be established and funded until the due date of the tax return including extensions. IRA’s, on the other hand, must be funded by April 15, 2008. The maximum contribution to a traditional and Roth IRA through 2007 is $4,000 and will increase to $5,000 in 2008. An individual who is at least 50 years old by the end of the year is allowed to make an additional contribution to a traditional IRA or Roth IRA of $1,000. We always recommend a Roth IRA contribution if you are able to do so.

Contributions to a Roth IRA are not tax deductible. The maximum yearly contribution is phased out for higher income taxpayers. Roth IRA’s begin to phase out for single taxpayers with adjusted gross income exceeding $99,000, married taxpayers filing jointly at $156,000 and married taxpayers filing separately between $0 and $10,000. Effective in 2008, these limits will phase out starting at $101,000 and $159,000, respectively.

401K plans are widely used. The maximum 401K contribution is $15,500 for 2007 and will not increase in 2008. Individuals who will be at least 50 years old by the end of the year may contribute an additional $5,000 in 2007 and 2008.

The social security tax rate has remained the same at 6.2% with the wage base increasing from $97,500 in 2007 to $102,000 in 2008. Individuals who turn 66 in 2008 will not lose benefits if they earn $36,120 or less before reaching that age. Individuals between 62 and 66 by the end of 2008 can earn up to $13,560 per year or $1,130 per month without losing any benefits. There is no limit once a beneficiary turns 66. Social Security benefits will rise by 2.3% in January 2008. The Standard Medicare Part B monthly premium will increase to $96.40 in 2008.

The IRS is becoming more aggressive in challenging business travel, entertainment, other miscellaneous deductions, along with charitable contributions and medical expenses. Make sure you keep contemporaneous records for all of your deductions, detailing dates, locations, amounts, individuals involved and if applicable, business purposes. Maintain all receipts to prove expenses.

Effective January 1, 2008, all individual and entity clients will be required to sign an engagement letter with my firm. This engagement letter will clearly define what our role as your CPA firm is. Engagement letters are now standard amongst CPA firms and have been strongly recommended to us by our insurance carrier.

Please remember, in order to have your tax returns timely filed by April 15, we must have your information in the office by March 25.

So that my staff can gear up for tax season, the office will be closed on both Monday and Tuesday, December 24 and December 25 and December 31 and January 1.

This firm was started twenty five years ago and has continued to grow. We are a full service firm, here to assist in all aspects of your business and individual tax planning needs. Understand, we stay within the realm of our expertise. We utilize the knowledge and ability of other individuals on our team when the need arises. Over the years we have developed business relationships with many competent individuals who can assist you with your business and financial needs. These individuals include investment advisors, mortgage brokers, attorneys and insurance agents. By addressing your needs and giving you the service you require, we know that we have instilled in you a mutual sense of confidence and loyalty.

It has been three years since we increased our fees. I find it necessary that effective January 1, 2008, most fees will be increased by 10%. My normal billing rate will also increase to $275 per hour.

We thank you for your past business and hope that your faith in us will continue. We have always treated your referrals with the same courtesy, respect, and care that you have received from us.

We urge anyone who needs to go over their 2007 tax projections or requires any tax planning to make an appointment as soon as possible.

My staff and I would like to wish you and your family a safe, happy, healthy holiday season and a prosperous New Year.

Very truly yours,

Eliot H. Lebenhart, CPA