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September 2, 2010

Elder Law -- Property Tax Homestead Exemption

Most states provide people 65 and older with a reduction on their property tax bills called a homestead exemption. Frequently, this tax reduction is also given to people with disabilities who own their own homes, veterans, and others. The reduction usually must be applied for, and the application period typically begins in January and runs through April. Some application periods run through the first Monday in June, as is the case in Ohio.

Each state has its own system, and it is important to consult with local tax officials to find out exactly what the qualifications are, where the applications can be obtained, and where and when the applications must be filed. (Some states may have suspended this tax exemption due to budget problems.)

A few sites where you can find information on the Internet are:

District of Columbia
Florida
Georgia
Illinois
Maryland
Texas

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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August 24, 2010

Tax Problem -- State sues TV's 'tax lady' for alleged swindles

Avvo.jpgAs I have written on a number of occasions, people find all kinds of ways to get into tax troubles with the Internal Revenue Service. A surprising number of people fail to file their taxes every year. A much larger number of people find they don't have the money to pay their tax bills, especially people who are self-employed. Many small business (and some not so small business) owners fail to pay withholding taxes to the IRS and risk getting into tax trouble both on a business and a personal basis.

Inevitably, when people find themselves in trouble, they also find people all too willing to take advantage of their problems. Many of my clients come to me after they have tried tax relief agencies they have found through advertisements. The story is always the same: "I paid them $X,000, and they didn't do anything. They wouldn't return my telephone calls, but when they finally did call me back, all they wanted was more money."

Here is an article about one of these tax mills being sued for just this type of behavior. I have no idea whether the allegations are true of this attorney, but I wouldn't be very surprised if they were. What surprises me most is the failure of the IRS and local bar associations to protect the public.

If you have a tax problem, give me a call. Talk to me. Check me out. I'm not free, perhaps not even inexpensive. But doing things correctly is always the least expensive choice.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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July 30, 2010

Elder Law -- Life Insurers Give Beneficiaries Checkbooks Not Insurance Proceeds

A recent news story has reported a trend that could be costly to life insurance beneficiaries and could risk the stability of the financial system. In order to retain the assets of life insurance proceeds, some insurance companies send checkbooks to beneficiaries, instead of the insurance proceeds. These checkbooks are tied to investment accounts from which the insurance company profits, are not insured by the federal government, and could upset an already unsteady financial system.

This encourages the beneficiary to use the checks instead of receiving the full proceeds of the life insurance policy. Although the money is in an interest-paying account, the insurance company pays the beneficiary only a portion of the investment income and prevents the beneficiary from making his or her own investment decisions.

Since these investment accounts are not insured by the federal government, something that may not be known or understood by the beneficiary, the beneficiary is at risk of losing the whole proceeds if the insurance company goes under. Further, if enough beneficiaries decide to demand all of their money at the same time, the life insurance company may not be able to meet the demand, causing the kind of "run on the bank" government insurance and regulation is intended to prevent.

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July 26, 2010

The Americans With Disabilities Act -- Happy Birthday

July 22, 2010

Americans With Disabilities Act To Celebrate 20 Years

On July 26, 1990, President George H. W. Bush signed what he declared to be "the first comprehensive declaration of equality for people with disabilities." He further called for the destruction of "The Shameful Wall of Exclusion."

Shamefull wall.jpg

Since that day, there have been many court decisions interpreting the Americans with Disabilities Act. Some of these decisions, and particularly some decisions of the Supreme Court, narrowed the scope of the law intended by Congress when it passed the ADA. This led to Congress passing the ADA Amendments Act of 2008 that President George W. Bush signed on September 25, 2008.

All Americans should celebrate the twentieth anniversary of the ADA on July 26, 2010, and remember that the law as it now exists was passed by two different Congresses and signed by two different Presidents, both named Bush.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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July 16, 2010

Tax Problems - Expenses of Service Animals May Be A Tax Deductible Medical Expense

In a letter to a member of Congress, the Internal Revenue Service recently re-iterated its position that the costs related to buying, training, and maintaining a service animal may be a deductible medical expense for a taxpayer. The tests regarding the deductibility of expenses for service animals are not different from other expenses that qualify for medical expense deduction.

Medical care includes amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of a disease or affecting any structure or function of the body. Service dogs have been widely used in the past to mitigate the effects of physical disabilities. More recently, service animals are being used to mitigate the effects of conditions such as autism and other types of mental disabilities.

The expense must be for a mitigation related to the diagnosed medical condition and not merely the general health of an individual.

To learn more or to discuss tax issues, please contact me at 513.563.1595.

Your Cincinnati Tax, Probate, Elder Law, and Estate Planning Attorney

Paul A. Nidich
http://paulnidich.webs.com/

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June 1, 2010

Election to Expense Certain Depreciable Assets

Section 179 of the Internal Revenue Code permits a taxpayer to elect to treat certain property that would otherwise be required to be depreciated to be treated as a deductible expense. Previously, the limits of the amount of the deduction were limited to $125,000 reduced by the amount the property cost that exceeded $500,000. These two figures were to be adjusted for inflation with the last adjustment increasing the $125,000 to $135,000 and the $500,000 to $530,000.

The 2008 Stimulus Act changed these two figures to $250,000 and $800,000, respectively, without any inflation adjustment for 2008 and 2009. The HIRE Act extended the $250,000 and $800,000 limits for 2010.

If you are in a position to purchase depreciable property in 2010, remember these Section 179 provisions when you file your 2010 income taxes.

Your Cincinnati Tax Attorney

Paul A. Nidich
http://paulnidich.webs.com

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May 18, 2010

Elder Law -- Planning With An Irrevocable Grantor Trust

Trusts are used by estate planners, Medicaid planners, special needs trust planners, and tax attorneys for a variety of reasons. A particular type of trust, an irrevocable grantor trust, is particularly useful in Medicaid planning.

NAELA Logo special.jpgThere are two elements to this type of trust: a) it is irrevocable, but b) it is a grantor trust. The fact that it is irrevocable allows transfers to the trust to avoid being counted as an asset of the individual for Medicaid purposes, if the transfers occur more than 60 months prior to the "baseline date." The baseline date is the first date the individual has both applied for Medicaid and is institutionalized. Therefore, the sooner an individual's assets are transferred into an irrevocable trust, the sooner the 60 month period expires.

The second element is that the trust is designed to be a grantor trust, a significant tax saving. The income of a grantor trust is taxed to the individual who created the trust, rather than being taxed as income to the trust. Income of trusts have the highest rate of taxation applied, while no individual, no matter how rich, pays a tax rate even close to the tax rate of a trust.

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