New Parent Series Part V - Creating an Estate Plan

As a new parent, I imagine all of the things that my son will see and do as he grows up. Rarely do I think that I may not be around during all the wonderful milestones in life. For most people, planning for the time when you are not able to care for yourself or your family is something that you would rather not think about. Perhaps this is part of the reason why only 36% of parents with children under the age of 18 have a will according to Caring.com. Making your wishes known often provides people with peace of mind and will help your family know how to proceed. 

Creating an estate plan allows you to convey your wishes through the use of legal documents. These documents will speak for you regarding medical care for you and your children if you are unable to due to disability, what will be done with your finances, and how your estate should be distributed once you pass away. Additionally and perhaps most importantly for new parents, these documents allow you to name a guardian for your children. You are able to make amendments to your estate plan when needed as your family's needs generally change over time. The following are basic documents that should be included in a (new) parent's estate plan. 

• A Basic Will. A Will makes sure that your assets are passed on according to your wishes and allows an individual with children to name Guardians. If an individual does not have a Will, the laws of the state will control the distribution of the estate and the courts will decide who will raise the children. To help avoid court proceedings known as probate, you may also consider a Declaration of Trust which is a private document that functions similarly to a will but does not need to be filed with the Court.

• A Power of Attorney (POA) for Property. This document names a person as "agent" to act on your behalf in case of disability. The document covers financial matters (e.g., banking, bill paying, etc.) and can be broadly drafted or be quite limited.

• A Health Care Power of Attorney. The health care POA designates an individual to make important health care decisions on your behalf, when you are unable, due to a temporary or permanent disability. This document can also be used to name someone to make health care decisions for your children in the event that you are unable to do so. Individuals may also consider creating a Living Will which specifically directs end-of-life instructions.

• Beneficiary Designations. You should make sure appropriate beneficiaries are listed for all of your retirement accounts such as IRAs, 401(k) and life insurance policies. These assets go directly to named beneficiaries. If you do not have named beneficiaries, the assets will generally be distributed through your estate. Be sure to check older plans that may still name parents or ex-spouses that you may wish to update. (NOTE: When naming a minor, a guardianship proceeding may be required if the minor inherits, unless there is a trust.)

It is important to discuss these matters with your loved ones. An attorney can help answer questions that you may have, advise you on the best plan for your situation, and ensure that the documents are executed (signed) correctly. Creating your first estate plan can be an emotional process, yet the peace of mind in knowing that you have a plan in place can be reassuring. If you have any questions about preparing an estate planning or would like to begin the process, please feel free to contact Glick and Trostin, LLC at 312-346-8258.

To read the other posts in the New Parent Series, simply follow these links:

New Parent Series Part I - Dependent Issues and Tax Filing Status For You to Consider
New Parent Series Part II - Healthcare FSA's and HSA's
New Parent Series Part III - Child and Care Tax Credits
New Parent Series Part IV - Adoption Tax Credit and Benefits

Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein. No one should rely upon the information contained herein as constituting legal advice. The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances.

New Parent Series Part IV - Adoption Tax Credit and Benefits

Choosing to adopt a child is a rewarding and an amazing life changing event for both the child and the family. Unfortunately, the time and money invested in the adoption process can often be significant. Adoptive parents can spend years and invest over $30,000 into the process of adoption. To help alleviate some of the costs associated with an adoption, the Internal Revenue Service (IRS) offers two tax benefits that help families with the cost of adoption 1) a nonrefundable tax credit; and 2) an income exemption for those adoptive parents who are offered adoption assistance through their employers. 

Adoption Tax Credit:

In 2017, the IRS allows a $13,570 per child, dollar for dollar tax credit toward your income taxes for qualified adoption expenses you paid to adopt a child. To illustrate, if you have $13,570 in qualified expenses and a tax liability of $15,000, you can utilize the full $13,570 credit which reduces your tax liability to $1,430. If the credit exceeds your tax liability, you can roll forward the remaining credit for use toward offsetting your income taxes in the next year, for up to five years, until it is used.

If the adoption is from a foreign country, then the process must be finalized before you can claim the credit. If the adoption is not finalized, you are not eligible for this benefit. Expenses paid for a domestic adoption will be claimed in the year following that in which the expense was paid, if the adoption has not yet been finalized. In the year that the adoption is finalized you will be able to claim that year’s expenses plus those for the previous year. Even if the expenses are spread out over a few years, the maximum amount of $13,570 per child for the credit still applies.

Employer Provided Assistance:

If your employer provides assistance for adoptions, you may exclude what your employer reimburses to you, up to $13,570 from your gross income. If your employer offers adoption assistance, you first need to take the exclusion from your income before you can apply any additional qualified expenses toward the tax credit. Any money that applies toward the exclusion cannot also be applied toward the tax credit and vice versa—no double dipping!

For example, if you have $27,140 in qualified expenses and your employer reimburses you for $13,570—the maximum amount you can take as an exclusion from your income—you can apply the remaining $13,570 of qualified expenses toward the tax credit. In another example, if your qualified expenses total $10,000 and your employer provides a $5,000 reimbursement, then you will only be able to apply $5,000 toward the Adoption Tax Credit since expenses claimed for the exclusion cannot also be claimed for the tax credit.

As with the other credits that we have mentioned in this New Parent Series, there are some requirements that you have to meet to be eligible. The adoption must be of an eligible child meaning that they are under the age of 18 unless he/she is physically or emotionally unable to care for themselves. The child cannot be of the taxpayer’s spouse unless you live in a state in which a same-sex second parent or a co-parent can adopt their partner’s child. Qualified expenses approved by the IRS include adoption fees, court costs, attorney fees, and travel expenses. There may be other expenses directly related to an adoption that can be included as well.

Additionally, this credit and exclusion takes into consideration your modified adjusted gross income (MAGI) and phases out for taxpayers with a MAGI over $203,540.

As always, we recommend that you keep accurate and organized records of expenses that you will claim on your taxes but especially so when claiming this exemption and credit due to the high dollar amount. If you wish to learn more about this topic, additional information can be found in IRS Topic 607 – Adoption Credit and Adoption Assistance Programs, or check with your tax professional.

The next part in the series will discuss the importance of estate planning as a parent. In the meantime, if you have any questions regarding your personal taxes and how to report information relating to the Adoption Credit and adoption assistance, please feel free to contact Glick and Trostin, LLC at 312-346-8258. 

To read the other posts in the New Parent Series, simply follow these links:

New Parent Series Part I - Dependent Issues and Tax Filing Status For You to Consider
New Parent Series Part II - Healthcare FSA's and HSA's
New Parent Series Part III - Child and Care Tax Credits
New Parent Series Part V - Creating an Estate Pan

Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances.

New Parent Part III - Child and Care Tax Credits

After having a child, many moms and dads are left with the dilemma of whether to be a stay at home parent or go back to work and pay for child care.  Child care is expensive and it is now comparable or even more expensive than college tuition.  Therefore, it is important that you are aware of the tax breaks that are available for parents and which ones might benefit you the most. 

You may have heard of the Child Care Credit and the Child Tax Credit and thought they are the same thing. Perhaps you only recently learned about Flexible Spending Arrangements (FSA's) and while they affect your adjusted gross income, not all types can be used to pay for childcare. This week's post seeks to aid your understanding of these topics and clarify some of the more confusing points of them.

The Child Care Credit (formally known as The Child and Dependent Care Credit) and the Child Tax Credit are, in fact, two distinct credits available for you.  We will discuss the differences below.

Dependent Care Benefits and the Child Care Credit:

The purpose of the Child Care Credit is to provide a tax benefit for child care related expenses for a dependent(s) under the age of 13, so both parents can work and/or look for work. It is important to note that to be eligible for this credit, you and your spouse, if applicable, must both have had earned income during the year if filing jointly.

In addition, Dependent Care Benefits may be offered by your employer. This option can affect your Adjusted Gross Income (AGI) as the dependent care benefits are paid with pre-tax dollars to which you can contribute up to $5,000 ($2,500 each if married filing separately) per year. The contributed funds are not subject to federal, social security, Medicare, or state taxes on that income. This money may be placed into an FSA or used directly for dependent care expenses such as an employer run daycare or used for daycare elsewhere.

The Child Care Credit is based on actual child care expenses of up to $3,000 for each qualifying child, or up to $6,000 if you have more than one qualifying child.  The credit is then based on your AGI and is reduced as your income increases.

Expenses that can be claimed for this credit include, but are not limited to: at-home care (a nanny or babysitter), daycare, pre-school, before and after school care, summer day camp, transportation of your child by a care provider to and from the location where care is provided. Expenses for providing food, clothing, shelter, education, and entertainment do not otherwise count toward this credit.

If you have the option of utilizing both the employer provided benefits and the Child Care Credit, the amount that you decide to take pre-tax will be subtracted from the maximum amount you can take for the Child Care Credit. For example, if you have one child and take a $5,000 pre-tax contribution to an FSA, you exceed the $3,000 maximum amount and will not be eligible for any additional credit. On the other hand, if you have two qualifying children, qualifying you to receive the maximum $6,000 amount, and you make a $5,000 contribution to a dependent care FSA, $1,000 of additional qualified expenses would count toward your Child Care Credit.

Child Tax Credit:

The Child Tax Credit is an amount of up to $1,000 per a qualifying child that you can claim against your taxes. The child that you claim must be your dependent and be under the age of 17 on the last day of the year. This credit can be claimed in addition to the Child Care Credit, pre-tax deductions discussed above, and the earned income credit, if applicable.

The amount of the credit is based on your modified adjusted gross income (MAGI). If your income exceeds the applicable limit, your child tax credit will be reduced by $50 for every $1,000 you are over until it is totally phased out. The limits for a MAGI is set by the IRS and for 2017 are as follows:

• Married (filing jointly) - $110,000
• Single, head of household, or window(er) - $75,000
• Married (filing separately) - $55,000

If the amount you are to receive from the Child Tax Credit is more than the amount you owe in taxes, you may be able to take the Additional Child Tax Credit. This allows you to receive a refundable credit which can come in handy if your income was low for the year.

Every family situation is different and the laws can be confusing. Additional information can be found in IRS publications 503 Child and Dependent Care Credit and 972 Child Tax Credit, or check with your tax professional.

The next part in the series will discuss income tax credits related to adoption. In the meantime, if you have any questions regarding your personal taxes and how to report information relating to the Child Tax Credit or the Child Care Credit, please feel free to contact Glick and Trostin, LLC at 312-346-8258. 

To read the other posts in the New Parent Series, simply follow these links:

New Parent Series Part I - Dependent Issues and Tax Filing Status For You to Consider
New Parent Series Part II - Healthcare FSA's and HSA's
New Parent Series Part IV - Adoption Tax Credit and Benefits
New Parent Series Part V - Creating an Estate Pan

Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances.

New Parent Series Part II - Healthcare FSA's and HSA's

With the cost of medical care increasing, young families are feeling the burden. Common medical expenses for a growing family may include: prenatal care for mom, the birth, postnatal visits for mom and check-ups for the baby, along with any doctor visits for illnesses that the family may experience. It may be time to start setting money aside in a Flexible Spending Arrangement (FSA) or a Health Savings Account (HSA) to provide for some of these medical expenses.

Each year your Human Resources department may ask you if you would like to enroll in a FSA or a HSA when you make your annual benefit elections. Like many others, you may have no idea a) what that means, and b) what the benefits are to setting money aside for medical costs. 

So, what are these plans? Simply put, these plans provide you with a pre-tax benefit for spending your money, now or in the future, on qualified medical expenses. Such expenses may include doctor's visits, prescription medications, over the counter medications for which you have a prescription, insulin, braces for teeth, eye exams, eye glasses, breast pumps and supplies, and fertility enhancements among other expenses. In the event that you leave your job and qualify for health care continuation of coverage (COBRA), you may continue to be able to use funds from these accounts for related expenses.

Both the FSA and HSA allow you to set pre-taxed money aside for medical expenses which reduces your taxable gross income. For example, if an employee in the 20% income tax bracket contributed $2,600 to a pre-tax FSA or HSA he would save over $500 in federal and state taxes by the end of the year! Some employers may fund these accounts regardless of employee contributions (though they are not required to). For example, your employer may contribute enough funds to your HSA to cover the cost of your deductible. When the funds are used for qualified medical expenses, the distributions from these plans may also be tax-free.

Some significant differences between the plans are listed in the following chart:

	FSA	HSA
Compatible with any type of health plan?	Yes	No, you must have a high deductible insurance plan defined as having a family deductible of at least $2600 and max out of pocket of at least $13,100.
Limitation on your contributions?	Your contribution for salary reduction cannot be more than $2600 for the year (unless otherwise specified by your plan)	You can contribute up to $3400 for self, or up to $6750 for family
Does money rollover from year to year?	Only under grace period of 2.5 months after plan year ends OR an amount up to $500 may rollover depending on the rules of your plan	Yes, including yearly contributions and any earnings accrued over time
What happens to the funds in the account when I leave my current job through which I set up this plan?	The funds will likely stay with your employer unless you enroll in COBRA and your plan allows you to continue using the unused FSA funds to pay for medical expenses incurred after leaving your job	The account and its balance is portable and comes with you.
Can I have this plan if I am self-employed?	No	Yes, as long as you are eligible

When deciding whether or not to put your hard earned money away in one of these plans, you must decide if the benefits outweigh the costs of having money set aside specifically for medical expenses. You will want to consider:

• Who is providing the funds for these plans?
• Can you afford to set money aside each year?
• Are there qualified medical expenses you may be planning for? (i.e. braces, pregnancy, etc.)

Another plan that your employer may offer is a Health Reimbursement Arrangement (HRA). While a similar concept to the FSA and HSA, an HRA is fully funded by your employer meaning that you do not set any money aside for future use. Rather, your employer will reimburse you (tax-free) for qualified medical expenses that you incur. The funds from this type of plan may also be used to pay for your insurance premiums and in conjunction with an FSA.

The topic of tax-favored health plans is a complex one. This post was written to make you aware of the different types of plans available and what you may want to consider when enrolling in one. If you have specific questions about FSA's, HSA's, or HRA's, I encourage you to consult your employer or Human Resources department since each plan can be different.

The next part in the series will discuss the child tax credit, the child care credit, and the employee child care credit. In the meantime, if you have any questions regarding your personal taxes and how to report information relating to having a FSA, HSA, or HRA, please feel free to contact Glick and Trostin, LLC at 312-346-8258. 

To read the other posts in the New Parent Series, simply follow these links:

New Parent Series Part I - Dependent Issues and Tax Filing Status For You to Consider
New Parent Series Part III - Child and Care Tax Credits
New Parent Series Part IV - Adoption Tax Credit and Benefits
New Parent Series Part V - Creating an Estate Pan

Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances.

New Parent Series Part I - Dependent Issues and Tax Filing Status For You to Consider

It truly is a magical and to some extent, an overwhelming moment when the doctor places your new baby in your arms for the first time or your family grows through the joy of an adoption. There are so many things to think about. Everything from clothing to food to social and emotional development are concerns that you must consider for this tiny person who is relying on you for survival. With all the changes that are taking place in your life during this time, it is easy to overlook what changes you may need to make concerning your taxes and estate planning.

This is the first part of a five-week series covering topics that new parents may want to consider. Future posts will cover issues surrounding health care FSA's and HSA's; the child tax credit, childcare credit, and employee child care credit (a pretax deduction); tax considerations for families that grow through adoption; and estate planning so that your little ones can be provided for even if you are unable to do so yourself. 

This week our post focuses on when you can claim your child as a dependent for tax purposes and filing as head of household that provides additional tax benefits over filing as "single" for unmarried parents.

When You Can Claim Your Child as a Dependent: Even if your child was born at 11:59 PM on December 31st, you are able to claim that child as a dependent on your taxes for that entire year. Similarly, if you are married just before the stroke of midnight on December 31st, you can file under a married status for that year. To claim your new bundle of joy, the IRS requires that you include the newborn's Social Security number when filing your income taxes. If you are still waiting for this information when it comes time to file your taxes, you can request an extension or file an amended return when you do have the necessary information in hand.

File as Head of Household: If you are an unmarried parent (or perhaps even a married, separated parent due to a pending divorce) who provides for more than half of the annual expenses of keeping up your home, and your home is the primary residence for your qualifying child for over half of the year, you may be eligible to file as "head of household" on your taxes. If your child was born near the end of the year, this status may still be available for you as long as you provided over half of the care for the child's life. If you qualify, this classification allows you to claim a higher standard deduction of $3,000 on your taxes as opposed to filing as "single."

Come back next week when we will discuss health care FSA's and HSA's. In the meantime, if you have any questions regarding your personal taxes and what other exemptions you may qualify for, please feel free to contact Glick and Trostin, LLC at 312-346-8258. 

To read the other posts in the New Parent Series, simply follow these links:

New Parent Series Part II - Healthcare FSA's and HSA's
New Parent Series Part III - Child and Care Tax Credits
New Parent Series Part IV - Adoption Tax Credit and Benefits
New Parent Series Part V - Creating an Estate Pan

Disclaimer: The materials on this website are provided for informational purposes only and do not constitute legal advice.  Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between any attorney and any other person, group or entity. No representations or warranties whatsoever, express or implied are given as to the accuracy or applicability of the information contained herein.  No one should rely upon the information contained herein as constituting legal advice.  The information may be modified or rendered incorrect by future legislative or judicial developments and may not be applicable to any individual reader's facts and circumstances.