Obamacare Contains Several New Taxes That Could Affect You

We would like to pass along this article found in a monthly e-newsletter we receive. The newsletter is published by Kahn, Litwin,Renza & Co., Ltd. (KLR). Their firm of certified public accountants is located locally at 97 John Clarke Road,Middletown, RI 02842 and can be reached at 888-KLR-8557.

KLR is one of New England’s premier accounting and business consulting firms. With 165 team members and offices in Boston, Newport, Providence and Waltham, KLR provides a wide range of services to both individuals and businesses.

Obamacare Contains Several New Taxes That Could AffectYou

byWilliam Morgan, J.D., LL.M.

July 23, 2012

Afterthe Supreme Court ruled to uphold the Patient Protection and Affordable CareAct of 2010 (“ACA”) as constitutional, the focus now turns to what that meansfor everyone. This article summarizes the effects of ACA’s tax provisions onindividuals and businesses in the near future. The ACA tax changes, coupled withthe expiration of the Bush-era tax rates at the end of 2012, increase rates forupper-income individuals in 2013 and beyond. Here is a summary of the ACA’s taxchanges that will be implemented, now that the Supreme Court ruled the ACA isconstitutional.

For Individuals: Starting in 2013

For2013, the ACA introduces two (2) different Medicare taxes that increase taxesfor higher-income individuals.

• New 0.9% Medicare Surtax - First, for joint filers with wages above $250,000 and single filers whose wages exceed $200,000 there will be an additional Medicare tax of 0.9% on the excess wages exceeding $250,000 joint/$200,000 single filer thresholds. The levy also applies to individuals with self-employment income above the thresholds.
• New 3.8% Medicare Surtax- Second, and for the first time ever, a Medicare surtax of 3.8% will apply to investment income. This 3.8% tax will apply to either (i) unearned income, or (ii) the amount by which adjusted gross income exceeds the $250,000 (joint filer)/$200,000 (single filer) thresholds, whichever is less. What is unearned income? The ACA defines it as interest, dividends, capital gains, annuities, royalties and passive income from rents and businesses where you don’t actively participate. Unearned income does not include tax-exempt interest, withdrawals from retirement plans, life-insurance proceeds payable at death, veterans’ benefits and income from businesses where you do actively participate, such as S corporations or partnerships. The 3.8% tax doesn’t affect someone without investment income. If your entire income is from investments, it doesn’t apply either, as long as your total investment income is under the $250,000/$200,000 thresholds.
• Flexible Spending Account Contributions Capped at $2,500 - Beginning in 2013, the ACA limits the amount you can set aside pre-tax to pay for medical expenses to $2,500. So for those who have been setting aside more than $2,500 for medical expenses, you must reduce that to $2,500. This results in more of your income being subject to income taxes.
• Raised Threshold to Deduct Unreimbursed Medical Expenses- In 2013 the threshold to deduct unreimbursed medical expenses will raise from 7.5% to 10% of adjusted gross income. So if your adjusted gross income is $100,000, you will only be able to deduct medical expenses over $10,000, where before you could deduct expenses over $7,500.

For Businesses: Starting in 2013

• Tax Credits for Small Businesses - The ACA also has a small businesses tax credit, which is effective immediately. This credit is targeted to help small businesses that employ 25 people or less with average incomes of $50,000 or less. For tax years 2010 to 2013, the maximum credit is 35%, as long as the employer contributes at least 50% of the total health insurance premium or 50% of a benchmark premium. Starting in 2014, a maximum credit of 50% is available for two years to employers who buy health insurance coverage through a state exchange and contribute at least 50% of the total premium.
• Medicare Part D Deduction- Starting in 2013, the ACA eliminates, in coordination with Medicare Part D, the tax deduction for employer-provided prescription drug coverage.
• Medical Device Excise Tax - Beginning in 2013, the ACA imposes a 2.5% tax on the sale of certain medical devices, payable by the device’s manufacturer, producer or importer.

ForIndividuals: Starting in 2014 and Beyond

• Individual Mandate- Effective in 2014, most U.S. citizens and legal residents failing to maintain minimum health coverage on themselves and their dependents will face a tax penalty. The basic penalty for an individual is $95 in 2014, $325 in 2015, and $695 in 2016 and later years, with some exceptions for the poor and certain others.

ForBusinesses: Starting in 2014 and Beyond

• Employer Mandate- The ACA imposes tax penalties on certain employers that don’t provide their employees health coverage starting in 2014. Employers with 50 or more full-time-equivalent workers who do not offer coverage and have at least one full-time employee who receives a premium tax credit are subject to an annual fee of $2,000 per full time employee (not including the first 30 FTEs).
• Tax on “Cadillac” Plans- Starting in 2018, there will be a 40% nonrefundable excise tax on ‘Cadillac’ plans, levied on plans with annual premiums in excess of $10,200 for individual coverage and $27,500 for family coverage (excluding stand-alone dental and vision plans). The thresholds are higher ($11,850 and $30,950, respectively) for retirees and employees in certain high-risk professions.

KLR’s tax professionals have specialized training and experience in the Boston market place in all matters of Federal, State and Local Tax Issues. They have expertise in tax strategies for individuals and families, estate gift & trust services, voluntarydisclosure issues, transfer pricing, M&A assistance, cost segregationstudies and research & development tax credits.

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 The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Medicaid Protection of Assets by Funeral Preplanning

Medicaid Protection of Assets by Funeral Preplanning

It is common knowledge that one acceptable use of funds by a person seeking to qualify for Medicaid benefits is to prepay funeral expenses. In many cases, elders go to their funeral director and pay for the expenses with cash assets or they assign life insurance to the extent necessary.

Another more flexible method is to fund an irrevocable “funeral trust”. Rhode Island and Massachusetts law allow each person to fund an irrevocable “funeral trust,” with up to $15,000. (CT law only allows $5900). Funding for this can be from the cash value of an existing life policy (a 1035 tax free exchange), or in cash.

The advantage of a funeral trust over a pre-paid funeral is the flexibility of using any funeral home or burial service in any state, with the safety of the funds being in a guaranteed life insurance policy.

The fund is exempt from Medicaid and Supplemental Security Income (SSI) “spend down” requirements as soon as it is funded. Clearly, the trust funds can be used for all usual expenses of a funeral and other events relating to the funeral. It can also be used for additional expenses such as a permanent cemetery monument, travel expenses for family members, outstanding debts or obligations, various medical and professional fees and a post-funeral gathering. There is no “extra” cost for utilizing a financial adviser to assist you in setting up the irrevocable funeral trust. The adviser will be compensated by the company holding the trust.

One of the important aspects of the trust is that it is irrevocable which means that no person (even the grantor) can revoke the trust and gain access to the funds. Often we see situations where a person plans their estate plan but it is undone due to use of a Durable Power of Attorney or by the trustees of a revocable trust. This form of funeral planning secures the wishes of the grantor.

Special thanks to Robin of ROBIN G. SMITH CONSULTING for her contribution to this article.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce lawyers, attorneys, mediators, and arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

A Medicare Trap

A Medicare Trap

My associate attorney Kristy Garside and I presented material on Social Security, dividing pensions, Social Security Disability, Medicaid and Medicare at a Rhode Island Bar Association seminar last week. The seminar was delivered to about 50 attorneys and was titled “When Your Older Clients Divorce.” The Medicare portion of our presentation utilized written material by Robin G. Smith of Robin G. Smith Consulting, an elder-advice professional. We emphasized a “Medicare Trap” from her material.

Medicare Part B covers doctor visits, lab tests, diagnostic imaging, and outpatient procedures, and can be thought of simply as a classic 80/20 health insurance plan. Neither Part A or part B covers prescription drugs. Having BOTH Parts A and B is necessary to get either Supplemental insurance (Medigap), or to enroll in a Medicare Advantage plan (Part C). The problem “trap” is regarding those over 65 who are still working and covered by their employers insurance (and their spouses): The worker and spouse can elect to decline Part B (thus avoiding paying the premium) without incurring a late sign-up penalty. However, if the employee retires or otherwise loses employer coverage, he and his over 65 year old spouse MUST sign up for Medicare Part B within 63 days of leaving the job, even if the employer had offered COBRA benefits. Failure to do so will incur a Medicare penalty for late sign-up that is both financially onerous and permanent. Medicare counts the time from the day the employee left the job, and does not take COBRA payments into account at all. In addition, the spouse might not be able to sign up at all until long after the date the coverage ended. When a couple divorces, the divorce settlement often requires coverage until the non- working ex-spouse reaches age 65. The ex- spouse must sign up for Part B to avoid a Medicare penalty. If the divorcing parties are over 65, and have been covered by the other’s employer’s insurance, the spouse must sign up for Part B upon the divorce.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce lawyers, attorneys, mediators, and arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Surviving Spouse May Be Responsible for Nursing Home Bills

Mass. Court Rules Wife Is Responsible For Husband's Nursing Home Care

Spouses need to be very careful or they could end up legally responsible for the cost of their husband’s of wife's nursing home care, as a recent Massachusetts court decision demonstrates.

When Milfranciu Jode entered a nursing home, his wife applied for Medicaid on his behalf.  Mr. Jode was rejected three times due to the failure to provide backup documentation, and he died leaving the nursing home unpaid.

After Mr. Jode's death, the nursing home sued Mrs. Jode, arguing that she was legally responsible for the cost of her husband's care under something called the "doctrine of necessaries." This means that a spouse is responsible for debts incurred by the other spouse for "necessaries." The law doesn't define what constitutes a "necessary," but in the Jode case the Massachusetts Superior Court ruled that the definition of necessaries included the care provided by the nursing home.  Emerson Village, LLC. v. Jode (Mass. Sup. Ct., Middlesex, No. 12-CV-1736-F, Dec. 15, 2012)

Many other states have similar laws to the one in Massachusetts making one spouse responsible for the care of the other spouse. If your spouse is in a nursing home, contact your elder law attorney right away to find out the best course of action to prevent any surprises when it comes to the bill.

Read more HERE

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

When Is Bankruptcy Better Than Paying Off Your Debts?

Bankruptcy May Be the Better Choice for Debt-Laden Seniors

The conventional wisdom is that you should always pay off your debts, but that may not always make the most financial sense for seniors. In some cases, filing for bankruptcy may be the better choice.

Many seniors are struggling with large credit card bills and monthly debt that exceeds their income. Bankruptcy may make sense for these individuals – especially if they have already paid off their mortgages – because they will be less affected by poor credit ratings. Filing for bankruptcy can also eliminate a senior's existing medical bills. Another benefit is that most retirement accounts are exempt, which means the funds do not have to be sold during bankruptcy proceedings.

There are two types of bankruptcy for individuals: Chapter 7 and Chapter 13. With Chapter 7 bankruptcy, you can discharge all of your debts, but you must sell some of your property to pay your creditors. However, many assets (like the equity in your house) are protected from bankruptcy, so in reality you may not have to surrender any property. In order to file Chapter 7 bankruptcy, you need to pass a means test, and if your income is too high, you may not qualify (Social Security benefits do not count toward income). Chapter 13 bankruptcy requires you to pay back your debt over time, but you are not required to sell any property. To qualify, you need to be able to show that you have the ability to slowly discharge your debt.

Bankruptcy is not the right choice for everyone, however, and seniors should consult their attorney before making any decisions. For example, while bankruptcy gets rid of existing medical debt, it doesn't do anything about ongoing debt. Many people feel morally obligated to pay off debt, and walking away from debt means higher fees and interest rates for others, so the decision to file for bankruptcy should not be taken lightly.

Read more HERE


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Fiscal Cliff Deal Brings Changes to Estate Taxes and IRAs

'Fiscal Cliff' Deal Brings Changes to Estate Taxes and IRAs

Congress finally came to an agreement to avoid the "fiscal cliff," and the agreement includes some changes to federal estate taxes and Individual Retirement Accounts (IRAs). The American Taxpayer Relief Act sets a permanent estate tax rate and provides a tax break for cash donated to charities from an IRA.

The new law makes only minor changes to the federal estate tax. The amount that you can transfer tax-free either during life or at death will remain the same as it has the past two years. The law permanently sets the estate tax exemption at $5 million for an individual (now $5.12 million due to inflation) and $10 million for a couple (now $10.24 million).  (With new inflation adjustments, the exemptions are estimated to rise to about $5.2 million and $10.4 million.)  The lifetime gift tax exclusion – the amount you can give away without incurring a tax – also remains the same at $5.12 million.  But you can still give any number of other people $14,000 each per year without the gifts counting against the lifetime limit.

Under the new law, the gift and estate tax rate will increase from 35 percent to 40 percent. This means that if you transfer more than $5.12 million either during your life or upon your death, your estate will be taxed at 40 percent. The new law also makes permanent the "portability" provision currently in place. This allows a surviving spouse to add the unused portion of a deceased spouse's exclusion to his or her own. Note that portability is not automatic -- the estate must file an estate tax form when the first spouse dies even if no tax is owed.

The new estate tax rates and rules are “permanent,” but only until Congress decides to revisit them and the President agrees to the changes.  But keep in mind that the new law does not address state estate taxes, which many states have.

The fiscal cliff deal also brings back a tax provision called the IRA charitable rollover that had expired in 2011. The law extends the provision through 2013. This allows investors aged 70 ½ or older to transfer as much as $100,000 a year from an IRA directly to a charity without counting it as taxable income. Non-Roth IRA owners are required to take yearly minimum distributions from their IRAs starting at age 70 1/2, and the charitable donation can count toward the taxpayer's minimum required distribution for the year.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

What You Need to Know About Palliative Care

What You Need to Know About Palliative Care

By Philip Moeller

Even the healthiest senior may eventually face serious illness and, of course, death. Seniors know this, and so do their family members and other loved ones. Despite this certainty, we are seldom prepared for late-stage and end-of-life illnesses. And we are even less comfortable talking about them.

Done right, palliative care is an enormous game-changer. It brings openness and fresh air to these topics. It can deliver a range of medical, psychological, social-support, and even spiritual services to patients and family members. It can provide all these resources without costing more money and, in some cases, can even save money by helping people receive care in their homes and not in more costly hospitals. Ideally, it should be available for a broad range of serious but not necessarily life-threatening health conditions.

Most importantly, palliative care and hospice, for those who are near the end of life, have been proven to extend lives and improve the quality of the time remaining for patients and their families. Further, we know what works and how to provide this care. Odds are, however, you have never heard of palliative care or if you have, you aren't really sure what it means.

Jane de Lima Thomas was in that boat only 10 years ago. And she was a doctor, no less, in the process of becoming a geriatrician. Early in her career, she recalls, "I took care of a lot of patients who were in the final stages of their life. The care I was able to provide didn't feel good." Something was missing in terms of helping patients and families cope with the broad range of health, quality-of-life, communications, and other challenges.

"I didn't even know there was a field called palliative medicine," she says. "I didn't hear about it in medical school and it wasn't part of the medical-school curriculum." Thomas made it part of hers. She is now associate director of the Harvard Palliative Medicine Fellowship Program at the Dana-Farber Cancer Institute in Boston, and teaches palliative care at the Harvard Medical School.

Hospice is an important component of palliative care, but only part of what it does. "My job isn't just to help people facing the end of their lives," although she certainly does that, Thomas says. "I feel like my job is to help anybody who has a serious illness."

"I feel so passionately that this is something we can learn to do much better," she says, while admitting that discomfort—amongst doctors as well as consumers—poses barriers to expanding palliative care, as do culturally driven approaches to medicine and medical reimbursement rules that can discourage providing palliative-care services.

"I think in our society, we are inclined to think of issues of health as a battle and we fight for life," she says. "And when someone dies, it's often portrayed as somehow we've lost a battle."

Palliative care, by contrast, recognizes "what medicine can do for a patient and what is beyond the power of medicine to provide." It includes a team of professionals, not just a doctor. Thomas rattles off a list that includes a physician, nurse, social worker, pharmacist, chaplain, occupational therapist, musical therapist, and others.

Daniel Johnson is a palliative-care expert who wears multiple hats for Kaiser Permanente in Colorado. He also helps educate new doctors through the Life Quality Institute. Thomas and Johnson are two of five doctors recently honored for their work in palliative care by the Hastings Center, a nonprofit bioethics research institute.

Read more HERE


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.