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Paying Estimated Taxes?

Andrea Bonaccorsi, CPA
Manager, Tax Practice

April 6, 2010

According to Benjamin Franklin, a "great part of the miseries of mankind are brought upon them by false estimates they have made of the value of things." He wasn't talking about estimated taxes--but he could have been.

Although taxes have been referred to as a persistent duty, it wasn't until 1943 that the Current Tax Payment Act first required employers to withhold taxes and pay them quarterly. Today, quarterly tax payments are also mandatory for the self-employed and anyone else earning taxable income that is not automatically subject to withholding. The estimated tax rules, in turn, create a need for accurate estimates of future taxable income, with corresponding penalties for guessing wrong.

Unless the vast majority of your personal income is subject to withholding or is exempt from tax, you're probably required to pay quarterly estimated taxes to the federal government. There is an exception if you had no tax liability last year or were not required to file an income tax return. Otherwise, the general rule for estimated tax payments applies.

General Rule for Estimated Tax Payments
You're generally required to pay estimated taxes if you're likely to owe the IRS more than $1,000 in taxes and your withholdings and other payments for the year don't satisfy the smaller of the following minimum requirements (commonly known as the safe harbors):

  90 percent of your anticipated tax liability for the current year, or 

  100 percent of your tax liability for the last year―110 percent for taxpayers with adjusted gross incomes over $150,000.

It's worth mentioning that federal income tax withholding amounts for employees changed in 2009 as a result of tax reductions in last year's American Recovery and Reinvestment Act. If you found that you under-withheld last year and actually owe taxes with your 2009 1040, you may need to increase your withholding for 2010.

2010 Due Dates and Minimum Payment Amounts
For 2010, to avoid a penalty, you must make your estimated tax payments on or before the following dates:

  April 15, 2010

  June 15, 2010

  September 15, 2010

  January 18, 2011

Typically, your total payments are based on the previous year's tax liability if you anticipate that your income will stay constant or increase. If your income is likely to decrease significantly, the payments should be based on best estimates for the year.

You'll generally pay the same amount of estimated tax each quarter. However, if your income is likely to vary significantly during the year or you anticipate any unusual and nonrecurring transactions, that might result in a tax higher than the prior year safe harbor estimate, it may be beneficial to calculate the amount for each quarter individually. Note that the quarters for calculation purposes end in March, May, August and December. 

Underpayment Penalty
If you were late with an estimated tax payment or you underpaid on an annual or quarterly basis, you may be subject to a penalty. The penalty amount is calculated based on the number of days the tax was underpaid. 

In general, you can avoid an annual underpayment penalty if your withholdings and estimated tax payments meet either of the safe harbor amounts: 90 percent of this year's tax liability or 100 percent of last year's tax liability (110 percent for higher income taxpayers). However, you may still be subject to an underpayment penalty imposed on a quarterly basis. 

If your income is higher than was anticipated in your estimated tax calculations, there are things you can do to reduce or possibly even avoid quarterly penalties. For example, because the IRS considers withholdings to have been deducted evenly throughout the year, you can increase withholdings in a subsequent quarter to make up for under-withholding in previous quarters. You can also increase your estimated payments in subsequent quarters and analyze your income on a quarter-by-quarter basis. 

New and Revised Tax Rules That Could Affect Your Estimated Payment Amounts for 2010
The starting point for calculating your estimated tax amount is generally your tax liability for the prior year. However, for 2010 estimated taxes, a number of new, revised or eliminated tax rules may affect your calculations, especially if you are a small business owner. The more significant of these include the following:

  Roth IRAs  Beginning in 2010, you can convert a traditional IRA into a Roth IRA regardless of your income and filing status. You can also convert amounts from your employer's qualified pension or profit-sharing plan―including a 401(k) plan―according to the same rules. When you convert from a traditional IRA or a qualified retirement plan to a Roth IRA it is a taxable event―you will have to pay income tax on all pre-tax contributions and earnings. (If you convert in 2010, a special provision applies: Unless you elect otherwise, you defer recognition of the resulting income by spreading it over the following two years. As a result, you recognize taxable income and pay the related federal income taxes in 2011 and 2012.)

  Small Business Expensing Limits  The recently enacted HIRE Act returns the enhanced expensing rules for small businesses under Section 179 of the tax code to their higher pre-2010 amounts. This increases the maximum amount of qualifying expenditures―such as purchases of machinery and equipment―that businesses can expense for 2010 from $134,000 to $250,000. The expensing election begins to phase out when a business buys more than $800,000 of expensing-eligible assets, up from the pre-Act phase-out of $530,000. For 2011, the dollar limitation is scheduled to decrease to $25,000 and the phase-out begins at $200,000.

  Recapture of First-Time Homebuyer Credit If you bought a home after April 8, 2008 and before July 1, 2009 and you claimed the credit, you'll likely have to begin repaying it in 2010. This credit was calculated as 10 percent of the purchase price of the new home, up to a maximum of $7,500. However, you must pay the credit back over a 15-year period―beginning the second year after your home purchase. And if you sell your home before the end of the 15-year period, or it ceases to be your principal residence, the remainder of the credit becomes due.

  Small-Employer Health Care Credit Recently enacted in the Patient Protection and Affordable Care Act, this federal credit provides a tax incentive for small for-profit and not-for-profit employers that pay at least half the cost of health coverage for their employees. Generally, if your small business qualifies for the maximum credit, your federal tax credit is equal to 35 percent of the amount you pay in health care premiums for your employees. You can apply the credit against your regular tax liability or alternative minimum tax (AMT) liability and can carry the credit back for one year and forward for 20 years.

  Personal Exemption and Itemized Deduction Phase-Outs Unlike prior years, personal exemptions and itemized deductions will not phase out for higher-income taxpayers in 2010. Unless Congress acts, the phase-outs will resume in 2011.

  Alternative Minimum Tax Exemption The alternative minimum tax, or AMT, is a parallel tax system with different rates, deductions, exemptions, credits and calculations than those of its regular counterpart in the federal tax code. Middle- and upper-income taxpayers―those with AMT incomes above the federal AMT exemption amount―calculate their federal income taxes under both sets of rules (traditional and AMT) and then pay the larger of the two tax amounts to the IRS. The AMT exemptions amounts for 2010 have been decreased―for example, from $70,950 in 2009 to $45,000 in 2010 for married couples filing joint returns. 



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