Section 7214(b) reads as follows: Any internal revenue officer or employee interested, directly or indirectly, in the manufacture of tobacco, snuff, or cigarettes, or in the production, rectification, or redistillation of distilled spirits, shall be dismissed from office; and each such officer or employee so interested in any such manufacture or production, rectification, or redistillation or production of fermented liquors shall be fined not more than $5,000.
Note the word “shall” be dismissed from office. There’s no way around that. Notice the word “indirectly”. Let’s say a Treasury employee buys almost any mutual fund that owns stock. Chances are one of the stock holdings is Altria or ImBev Altria make cigarettes and is one of the largest distillers in the world. ImBev owns Budweiser which in turn owns lots of other breweries and distilleries. So, simply by owning an interest in a mutual fund that invests in these or other similar companies, is a mandatory firing offense and gets you fined. And remember these mutual fund companies are trading all of the time. So in a moment in time, they might own one of these dreaded stocks.
So, the moral of the story is that if you are an IRS employee, look at what these mutual funds invest in. There are some mutual fund companies that are religious based and do not invest in alcohol or tobacco producing stocks. They returns are not as high, but you can keep your job.
That $7,500 Green Car Credit
The new Inflation Reduction Act EV credit is limited. First, there are income limitations. If you’re single the limit is $150,000 and if you’re married, $300,000. So, if you make more than that, you don’t qualify. Second, the cost of the car cannot exceed $55,000. So much for buying that Tesla and getting a $7,500 rebate. There are some transitional rules. If you had a binding contract to purchase prior to August 17, 2022, you can elect to go under the old rules and get some credit, based upon the old law. Used cars do qualify for a lower credit, so if you make less than the income limits and buy a used car, you get some credit for that. So, be careful when you read the hype for buying a new green car, the devil is in the details.
TEN YEAR REQUIRED MINIMUM DISTRIBUTIONS NEW GUIDANCE
As part of 2017 Tax Act, beneficiaries of inherited IRA’s no longer could take required minimum distributions (RMDs) over their life expectancies. Instead except for spouses and disabled children, they must do so within 10 years. There was a question as to how beneficiaries were to go about removing the funds. Could they wait until the 10th year and remove it all or did they have to take it out periodically. The answer as always is, “it depends”.
If prior to death, the account holder was taking required minimum distributions, then the beneficiaries have to continue taking decedent’s RMDs and close the account in the 10th year. If decedent was taking no RMDs prior to death, then the beneficiary doesn’t have to remove funds until year 10. This means that the money can grow tax deferred creating a larger return over the 10 year period. Unless you have qualified Trust provisions, Trusts must take the funds out within 5 years. So, it is not necessarily good to name your revocable trust as a beneficiary on your IRA.
2025 is inching closer
All of the Trump era tax cuts expire in 2025. One of the primary ones is the Estate Tax Exemption amount was raised from $5 Million per person to $10 Million per person ($20 Million per couple). If you’re estate is above $10 Million, now might be a good time to start making gifts. The IRS has issued guidance stating that if you made gift before 2025, the gift will be honored. (Of course Congress can always change that). There are a number of Trust options available to you to allow you to keep the income from the property and give away a remainder. Also with interest rates jumping up 1000% in 2022 (0.44% to 4.8%) , some planning techniques should be explored sooner rather than later as the Federal Reserve continues to tighten the money supply.
Weed Store Whacked by Tax Court
In San Jose Wellness v. Commissioner 156 TC 4 (2021), the Court ruled that depreciation and charitable deductions made by the business were not deductible.
Section 280E reads:
“No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.”
The Tax Court opined that since marijuana is a controlled substance, that 280E applied to the pot store. Thus essentially, Pot stores are taxed on their gross income.
Remarkably though Pot stores can deduct costs of goods sold however. CHAMP v. Commissioner 128 TC 173 (2007).