We’ve been spoiled by the Windows 10 upgrade for a long time. It was free and ran on almost all the hardware out there providing a stable, secure, and constantly updated desktop operating system.

Now comes the Windows 11 update which refuses to run on any “dated” hardware. In my office, Windows 11 will not install on a single machine. So all of my hardware is deemed dated even though it is working just fine. This isn’t a big deal for now as I (and everyone else) can simply continue to run Windows 10. However, that is going to change

Microsoft has announced that Windows 10 will reach the end of its life in 2025 (just 3 short years away) and at that time support for it will cease. This means over the next several years everyone will be forced to upgrade their hardware. While this is a windfall for Microsoft and computer makers like Dell, it is a cost burden to folks like me that we will simply have to deal with.

It’s time to start shopping…

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Having just moved some older machines from Windows XP (end of life) to Windows 7, we are now confronted with moving to Windows 10.   A new operating system always presents new problems, challenges, re-training, etc.   So are we going to reserve our free copies and move to Windows 10 on the release date of July 29th?  Absolutely.

All of the reviews suggest that they have fixed the problems inherent for businesses with Windows 8.1 and that Windows 10 will be another really good release from Microsoft (they seem to get it right every other release).   There are two primary reasons for not waiting with regard to this particular release.

1) It is free for the first year.   That makes the price right to upgrade all eligible machines.

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2) It appears this will be the last release from Microsoft.  Everything from here on out will simply be updates for the life of the machine.  Since it appears this may be the end of the road (version wise), why wait?

Why make a reservation?   It appears the “reservation” will allow Microsoft to start downloading software to your computer so that you can be ready to go on the release date (and not have to download a 3 gig file at the same time everyone else is trying to get it). So the reservation is a good idea if you plan to upgrade right away.

In summary, no version of Microsoft software has been an extensively tested as Windows 10 and it appears that this will be a move that everyone will eventually make.  So, go ahead and upgrade and be early on the learning curve.

Among the tax items not addressed by the act was the temporary lower 4.2% rate for employees’ portion of the Social Security payroll tax, which was not extended and has reverted to 6.2%.

Here are the act’s main tax features:

Individual tax rates

All the individual marginal tax rates under EGTRRA and JGTRRA are retained (10%, 15%, 25%, 28%, 33%, and 35%). A new top rate of 39.6% is imposed on taxable income over $400,000 for single filers, $425,000 for head-of-household filers, and $450,000 for married taxpayers filing jointly ($225,000 for each married spouse filing separately).

Phaseout of itemized deductions and personal exemptions

The personal exemptions and itemized deductions phaseout is reinstated at a higher threshold of $250,000 for single taxpayers, $275,000 for heads of household, and $300,000 for married taxpayers filing jointly.

Capital gains and dividends

A 20% rate applies to capital gains and dividends for individuals above the top income tax bracket threshold; the 15% rate is retained for taxpayers in the middle brackets. The zero rate is retained for taxpayers in the 10% and 15% brackets.

Alternative minimum tax

The exemption amount for the AMT on individuals is permanently indexed for inflation. For 2012, the exemption amounts are $78,750 for married taxpayers filing jointly and $50,600 for single filers. Relief from AMT for nonrefundable credits is retained.

Estate and gift tax

The estate and gift tax exclusion amount is retained at $5 million indexed for inflation ($5.12 million in 2012), but the top tax rate increases from 35% to 40% effective Jan. 1, 2013. The estate tax “portability” election, under which, if an election is made, the surviving spouse’s exemption amount is increased by the deceased spouse’s unused exemption amount, was made permanent by the act.

Permanent extensions

Various temporary tax provisions enacted as part of EGTRRA were made permanent. These include:

• Marriage penalty relief (i.e., the increased size of the 15% rate bracket (Sec. 1(f)(8)) and increased standard deduction for married taxpayers filing jointly (Sec. 63(c)(2));
• The liberalized child and dependent care credit rules (allowing the credit to be calculated based on up to $3,000 of expenses for one dependent or up to $6,000 for more than one) (Sec. 21);
• Expanded adoption credit (Sec. 23) and adoption-assistance program (Sec. 137) amounts;
• The exclusion for National Health Services Corps and Armed Forces Health Professions Scholarships (Sec. 117(c)(2));
• The exclusion for employer-provided educational assistance (Sec. 127);
• The enhanced rules for student loan deductions introduced by EGTRRA (Sec. 221);
• The higher contribution amount and other EGTRRA changes to Coverdell education savings accounts (Sec. 530);
• The employer-provided child care credit (Sec. 45F);
• Special treatment of tax-exempt bonds for education facilities (Sec 142(a)(13));
• Repeal of the collapsible corporation rules (Sec. 341);
• Special rates for accumulated earnings tax and personal holding company tax (Secs. 531 and 541); and
• Modified tax treatment for electing Alaska Native Settlement Trusts (Sec. 646).

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Individual credits expired at the end of 2012

The American opportunity tax credit for qualified tuition and other expenses of higher education was extended through 2017. Other credits and items from the American Recovery and Reinvestment Act of 2009, P.L. 111-5, that were extended for the same five-year period include enhanced provisions of the child tax credit under Sec. 24(d) and the earned income tax credit under Sec. 32(b). In addition, the bill permanently extends a rule excluding from taxable income refunds from certain federal and federally assisted programs (Sec. 6409).

Individual provisions expired at the end of 2011

The act also extended through 2013 a number of temporary individual tax provisions, most of which expired at the end of 2011:

• Deduction for certain expenses of elementary and secondary school teachers (Sec. 62);
• Exclusion from gross income of discharge of qualified principal residence indebtedness (Sec. 108);
• Parity for exclusion from income for employer-provided mass transit and parking benefits (Sec. 132(f));
• Mortgage insurance premiums treated as qualified residence interest (Sec. 163(h));
• Deduction of state and local general sales taxes (Sec. 164(b));
• Special rule for contributions of capital gain real property made for conservation purposes (Sec. 170(b));
• Above-the-line deduction for qualified tuition and related expenses (Sec. 222); and
• Tax-free distributions from individual retirement plans for charitable purposes (Sec. 408(d)).

Business tax extenders

The act also extended many business tax credits and other provisions. Notably, it extended through 2013 and modified the Sec. 41 credit for increasing research and development activities, which expired at the end of 2011. The credit is modified to allow partial inclusion in qualified research expenses and gross receipts those of an acquired trade or business or major portion of one. The increased expensing amounts under Sec. 179 are extended through 2013. The availability of an additional 50% first-year bonus depreciation (Sec. 168(k)) was also extended for one year by the act. It now generally applies to property placed in service before Jan. 1, 2014 (Jan. 1, 2015, for certain property with longer production periods).

Other business provisions extended through 2013, and in some cases modified, are:

• Temporary minimum low-income tax credit rate for non-federally subsidized new buildings (Sec. 42);
• Housing allowance exclusion for determining area median gross income for qualified residential rental project exempt facility bonds (Section 3005 of the Housing Assistance Tax Act of 2008);
• Indian employment tax credit (Sec. 45A);
• New markets tax credit (Sec. 45D);
• Railroad track maintenance credit (Sec. 45G);
• Mine rescue team training credit (Sec. 45N);
• Employer wage credit for employees who are active duty members of the uniformed services (Sec. 45P);
• Work opportunity tax credit (Sec. 51);
• Qualified zone academy bonds (Sec. 54E);
• Fifteen-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements (Sec. 168(e));
• Accelerated depreciation for business property on an Indian reservation (Sec. 168(j));
• Enhanced charitable deduction for contributions of food inventory (Sec. 170(e));
• Election to expense mine safety equipment (Sec. 179E);
• Special expensing rules for certain film and television productions (Sec. 181);
• Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico (Sec. 199(d));
• Modification of tax treatment of certain payments to controlling exempt organizations (Sec. 512(b));
• Treatment of certain dividends of regulated investment companies (Sec. 871(k));
• Regulated investment company qualified investment entity treatment under the Foreign Investment in Real Property Act (Sec. 897(h));
• Extension of subpart F exception for active financing income (Sec. 953(e));
• Lookthrough treatment of payments between related controlled foreign corporations under foreign personal holding company rules (Sec. 954);
• Temporary exclusion of 100% of gain on certain small business stock (Sec. 1202);
• Basis adjustment to stock of S corporations making charitable contributions of property (Sec. 1367);
• Reduction in S corporation recognition period for built-in gains tax (Sec. 1374(d));
• Empowerment Zone tax incentives (Sec. 1391);
• Tax-exempt financing for New York Liberty Zone (Sec. 1400L);
• Temporary increase in limit on cover-over of rum excise taxes to Puerto Rico and the Virgin Islands (Sec. 7652(f)); and
• American Samoa economic development credit (Section 119 of the Tax Relief and Health Care Act of 2006, P.L. 109-432, as modified).

Energy tax extenders

The act also extends through 2013, and in some cases modifies, a number of energy credits and provisions that expired at the end of 2011:

• Credit for energy-efficient existing homes (Sec. 25C);
• Credit for alternative fuel vehicle refueling property (Sec. 30C);
• Credit for two- or three-wheeled plug-in electric vehicles (Sec. 30D);
• Cellulosic biofuel producer credit (Sec. 40(b), as modified);
• Incentives for biodiesel and renewable diesel (Sec. 40A);
• Production credit for Indian coal facilities placed in service before 2009 (Sec. 45(e)) (extended to an eight-year period);
• Credits with respect to facilities producing energy from certain renewable resources (Sec. 45(d), as modified);
• Credit for energy-efficient new homes (Sec. 45L);
• Credit for energy-efficient appliances (Sec. 45M);
• Special allowance for cellulosic biofuel plant property (Sec. 168(l), as modified);
• Special rule for sales or dispositions to implement Federal Energy
• Regulatory Commission or state electric restructuring policy for qualified electric utilities (Sec. 451); and
• Alternative fuels excise tax credits (Sec. 6426).

Foreign provisions

The IRS’s authority under Sec. 1445(e)(1) to apply a withholding tax to gains on the disposition of U.S. real property interests by partnerships, trusts, or estates that are passed through to partners or beneficiaries that are foreign persons is made permanent, and the amount is increased to 20%.

New taxes

In addition to the various provisions discussed above, some new taxes also took effect Jan. 1 as a result of 2010’s health care reform legislation.

Additional hospital insurance tax on high-income taxpayers. The employee portion of the hospital insurance tax part of FICA, normally 1.45% of covered wages, is increased by 0.9% on wages that exceed a threshold amount. The additional tax is imposed on the combined wages of both the taxpayer and the taxpayer’s spouse, in the case of a joint return. The threshold amount is $250,000 in the case of a joint return or surviving spouse, $125,000 in the case of a married individual filing a separate return, and $200,000 in any other case.

For self-employed taxpayers, the same additional hospital insurance tax applies to the hospital insurance portion of SECA tax on self-employment income in excess of the threshold amount.

Medicare tax on investment income. Starting Jan. 1, Sec. 1411 imposes a tax on individuals equal to 3.8% of the lesser of the individual’s net investment income for the year or the amount the individual’s modified adjusted gross income (AGI) exceeds a threshold amount. For estates and trusts, the tax equals 3.8% of the lesser of undistributed net investment income or AGI over the dollar amount at which the highest trust and estate tax bracket begins.

For married individuals filing a joint return and surviving spouses, the threshold amount is $250,000; for married taxpayers filing separately, it is $125,000; and for other individuals it is $200,000.

Net investment income means investment income reduced by deductions properly allocable to that income. Investment income includes income from interest, dividends, annuities, royalties, and rents, and net gain from disposition of property, other than such income derived in the ordinary course of a trade or business. However, income from a trade or business that is a passive activity and from a trade or business of trading in financial instruments or commodities is included in investment income.

Medical care itemized deduction threshold. The threshold for the itemized deduction for unreimbursed medical expenses has increased from 7.5% of AGI to 10% of AGI for regular income tax purposes. This is effective for all individuals, except, in the years 2013–2016, if either the taxpayer or the taxpayer’s spouse has turned 65 before the end of the tax year, the increased threshold does not apply and the threshold remains at 7.5% of AGI.

Health flexible spending arrangement. Effective for cafeteria plan years beginning after Dec. 31, 2012, the maximum amount of salary reduction contributions that an employee may elect to have made to a flexible spending arrangement for any plan year is $2,500.

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If you read anything on the internet regarding Obamacare, you are certain to see a comment like the above.  Someone inevitably claims that it’s jut like car insurance and therefore perfectly legal.  Every time I see this I want to explode but I’ll just blog about it instead.  There are three fundamental flaws with this analogy:

1)  Car insurance is handled by the state and not the federal government.  This is an important distinction.   As you have probably heard, in Mass they passed a similar healthcare mandate and that’s just fine.  The 10th amendment grants to the states those powers not given to the federal government.   The federal government would be out of line to mandate the purchase of car insurance.  This is where the argument should end as it falls back on itself.  If the federal government can’t mandate car insurance, then they can’t mandate health insurance.  However, there are other points.

2) Nobody said you have to own a car.  Millions of people get around just fine without them. Driving is not a requirement and no car insurance is required if you don’t drive.  The only way (apparently) to get out of the healthcare mandate is to die.
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3) Car insurance is for the protection of others.   The state only requires you to carry liability insurance in case you damage or hurt someone else.  A lender may require you to carry more insurance to protect the lender.   Healthcare is to protect you, so to make this a proper analogy, you would be required to carry car insurance to protect yourself and your property but that is generally not the case.

Please note that I am not familiar with the car insurance mandates of all 50 states.  If your state is somewhat different, I refer you to item number 1 above.

As the election cycle heats up, you are going to hear more and more about taxing the rich, cutting spending, etc.  Let’s cut to the chase shall we?

The President wants a “Buffett” tax on the rich.  This will generate approximately 47 billion dollars over 10 years.  If nothing changes we will generate additional deficits of over 10 trillion during that same period.  Not much of a solution huh?

The House of Representatives just passed a budget that reduced the deficit but still left us 800 billion in the hole.   Still not very good huh?

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So go ahead and pass the Buffett tax if you like and close the loopholes.  Go ahead and cut wasteful spending where you can.  The most important thing to remember is that the key to it all is for the government to simply stop growing.

As I talk to fold about the healthcare law, I am astounded at how little most people understand it.  Many believe it is going to provide free healthcare while others think it is going to provide cheap insurance.  Both of these are essentially wrong but let me explain the basic fundamental flaw found in Obamacare.

The law basically says that you must buy health insurance or pay a fine.  OK, let’s say that health insurance will cost $4000 per year and the fine for not buying it is $695.  What do you think most people would do in tough economic times?   What makes this worse is that if that same person got sick, they would simply run down and buy insurance since a company may not exclude a pre existing condition or charge them more.  So a lot of people (more than you think) will simply “game” the system.   Even worse is the employer scenario where the employer may simple dump his coverage if the fine is less than the cost of employee insurance.  Over 1000 companies have been granted exemptions from the new health care plan for that very reason.
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As a final thought, Congress exempted themselves and their staff from the health care plan that they passed.

When the government health care plan (affectionately known as Obamacare) was passed, the Congressional Budget Office (CBO) estimated the cost over 10 years would be about 900 billion (which was crucial in getting it passed).  Now, the CBO is saying that the cost will be about 2 trillion over 10 years.  How can that be?  What happened?

A little accounting gimmickry is to blame.   You see, they delayed implementation until 2014.  So, the first four years cost nothing.  So they were only showing the cost over six years rather than ten.  Now that time has passed and you run the numbers over a full ten costs years… guess what?   Even worse is that the CBO says the estimates for those who will remain uninsured or lose their employer benefits is much worse than originally projected.  So it appears there is really nothing affordable or protective about the Affordable Care Act.  Still a fan?  Read on.

Switching gears, you have probably heard that the United States Supreme Court about to decide whether or not obamacare is constitutional.   You can argue this on both sides and most certainly constitutional scholars will do just that before the Supreme Court (I’ll give my own argument in another article).  What fascinates me more than the lofty idealistic argument is the plain simple fact that our government passed a law requiring you to purchase something or pay a fine.  Really think about that and the implications of it.   If this is found by the court to be lawful, what is to prevent the government from tomorrow declaring that you must drive a hybrid car or pay a fine?  You must buy life insurance, or long term care insurance, or a college savings plan, etc or pay a fine.. the list is potentially never ending.
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What has always made America great is the personal freedoms we have always enjoyed without the government interfering in our lives.  Our goal should be, to the extent possible, to keep government out of our lives at any cost and with Obamacare, that cost is now 2 trillion over the next ten years.

I counsel a lot of people on debt and budgets.   The most common phrase I hear is that no matter what they try, they just can’t seem to get out of debt or stay within a budget.  However, when you actually sit down and look at the nuts and bolts of what they are doing, it is often some very simple changes that can make a world of difference.

As a simple example, let’s say they are eating out three times a week.  Cutting out just one of those outings per week can save a lot of money over a year.  It isn’t that radically changing everything is necessary,  it is simply cutting back on what you are spending and making better choices.  You never focus on what you can’t do, you focus on what you can.  If you focus on the debt, you may just throw up your hands in despair and say, I’ll never pay it off.  In the alternative, if you simply focus on something positive like paying a little more each month, it is amazing how quickly the problem can resolve itself.

This is the problem with our government today.   Everyone seems to despair over trillions in deficits and the problem seems so large that nobody wants to tackle it.  They even say things like.. well, cutting that only saves a couple million and we have  a trillion dollar deficit so what’s the point?    That is exactly the point.
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If they would stop focusing on what they can’t do and simply do the things they can, just like with your own household budget, the problem would resolve itself.   Trust me when I tell you that there is plenty of waste in the government and a million here and a million  there eventually adds up to real money.