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Town Hall | Oct. 1st , 2018 | New 20% Tax Deduction For Business Owners
/0 Comments/in Events, Town Hall /by mrarrache7 Tax Strategies to take advantage of before year end and in 2018
/0 Comments/in Articles & Publications /by mrarracheTax Cuts and Jobs Act
was signed December 22, 2017 by president Donald Trump.
Coming late in the tax year, the passing of the tax law changes leaves little time to make smart tax moves before year end.
The following is a list of 7 popular tax planning moves you can make before year end and in 2018 to save money and reduce taxes. Please note that this is a general list of tax planning strategies and you should speak with our tax experts to see if you qualify for any of the following tax planning strategies.
- Accelerate your charitable giving into 2017 if you will take the standard deduction in 2018
- Pay off home equity line of credit before year end if you don’t plan to borrow against the HELOC in 2018
- Pay 2018 home real estate tax April installment before year end. Consider AMT and NIIT.
Pay 2017 estimated state taxes before year end. Consider AMT and NIIT. - Accelerate paying your 2017 medical expenses into 2017 if you will take the standard deduction in 2018
Pay 2017 HSA contribution before April 17, 2018 and have it applied to 2017 tax year. - Pay 2017 Traditional IRA or SEP IRA contribution before April 17, 2018 and have it applied to 2017 tax year. Note that the due date for establishing and funding a SEP IRA can be extended with an applicable tax extension filing.
If you have any questions please contact us and speak with one of our tax experts. 800-425-0570 or email contact@MrSmartTax.com

Written by Michael R. Arrache CPA, EA
December 23, 2017
Business and Individual Income Tax and Accounting Services
/0 Comments/in Articles & Publications /by mrarracheNew Office Artwork!
/0 Comments/in Articles & Publications /by mrarracheThank you Craig Kausen, Linda Jones Enterprises and the Chuck Jones Center For Creativity for the new office artwork! #whatsupdoc #wileecoyote
Tax Season Kickoff With New Office Memorabilia!
/0 Comments/in Articles & Publications /by mrarracheCalifornia Appellate Court Rules Against FTB in Swart Case
/0 Comments/in Articles & Publications /by mrarracheSwart case could be a small but notable victory for out-of-state ownership of a California LLC.
Currently, California’s franchise tax is imposed on the net income of every corporation “doing business within the limits of this state.” (§ 23151, subd. (a).) For tax years prior to January 1, 2011, section 23101 defined “doing business” as “actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.” 2 (Former § 23101, now § 23101, subd. (a).) The term “actively” is the opposite of “passively” or “inactively” and means “active transaction for pecuniary gain or profit.” (Golden State Theatre & Realty Corp. v. Johnson (1943) 21 Cal.2d 493, 496 (Golden State Theatre); Hise v. McColgan (1944) 24 Cal.2d 147, 151.)
In this case, the $800 minimum franchise tax was imposed upon Swart several years after Swart made its investment and became a member of Cypress LLC. Swart argued that it was not doing business in California and that it passively held onto its investment in the tax year the franchise tax was imposed.
The Franchise Tax Board (FTB) demanded that Swart file a California corporate franchise tax return for the tax year ending June 30, 2010, and pay the $800 minimum franchise tax due on that return. Swart paid the tax, which amounted to $1,106 with penalties and interest, but contested it and requested a refund.
Swart claimed it was not subject to the franchise tax because it held no other investments in California, it did not otherwise do business in California, and it was only a passive member in Cypress LLC. Swart further claimed imposition of the franchise tax violated the due process clause and commerce clause of the United States Constitution. The FTB denied Swart’s request for refund.
Swart timely filed a complaint seeking a tax refund and declaratory relief. After briefing and argument on the parties’ cross-motions for summary judgment, the trial court entered an order granting Swart’s motion for summary judgment and denying the FTB’s motion for summary judgment. Swart was awarded a refund in the amount of $1,106.71.
Read court document here http://www.courts.ca.gov/opinions/documents/F070922.PDF
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