ffirs.qxd 10/25/04 10:06 AM Page iii LOOPHOLES OF THE RICH How the Rich Legally Make More Money & Pay Less Tax REVISED EDITION D K , CPA IANE ENNEDY John Wiley & Sons, Inc. ffirs.qxd 10/25/04 10:06 AM Page iv Copyright © 2005 by Diane Kennedy. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the web at www.copyright.com. 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Neither the publisher nor author shall be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. For general information on our other products and services please contact our Customer Care Department within the United States at (800) 762-2974, outside the United States at (317) 572-3993 or fax (317) 572-4002. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. For more information about Wiley products, visit our web site at www.Wiley.com. Library of Congress Cataloging-in-Publication Data: Kennedy, Diane., 1956- [Loop-holes of the rich] Loopholes of the rich : how the rich legally make more money and pay less tax / Diane Kennedy—Rev. ed. p. cm. Published simultaneously in Canada. Includes index. ISBN 0-471-71178-0 (pbk. : alk. paper) 1. Corporations—Taxation—United States. 2. Tax planning—United States. I. Title. HJ4653.C7K46 2004 658.15'3—dc22 2004058889 Printed in the United States of America. 10 9 8 7 6 5 4 3 2 1 ftoc.qxd 10/25/04 10:06 AM Page v Contents Foreword by Mark Victor Hansen vii Introduction: The Rules Have Changed ix PART I The Five STEPS to Financial Freedom 1 CHAPTER1 Starting Point—Understanding Your Financial Story 3 CHAPTER2 Team—Building a Team That Supports You 22 CHAPTER3 Evaluation—Constructing a Tax Loopholes Strategy 39 CHAPTER4 Path—Creating an Action Plan 54 CHAPTER5 Starting Point—What Worked, What Didn’t Work 61 PART II Jump Start! Your Wealth 69 CHAPTER6 Jump Start! Principles for Tax-Advantaged Wealth Building 71 CHAPTER7 Creating Income with Less Tax 81 CHAPTER8 Using Business Structures to Create Legal Tax Loopholes 96 CHAPTER9 Discover Your Hidden Tax Loopholes 132 CHAPTER10 Control When and How Much You Pay in Taxes 146 CHAPTER11 Smart Real Estate Investing 167 CHAPTER12 Real Estate Loopholes to Take Money out of Your Property 178 CHAPTER13 Buying a Home the Right Way 186 CHAPTER14 Home Loopholes So Your Home Pays You 195 PART III New Tax Strategies for C Corporations 203 CHAPTER15 Avoid C Corporation Pitfalls 205 CHAPTER16 New C Corporation Tax Loopholes Strategies 214 v ftoc.qxd 10/25/04 10:06 AM Page vi vi CONTENTS PART IV Take Your Loopholes and Still Sleep at Night 221 CHAPTER17 Eliminate IRS Red Flags 223 CHAPTER18 How to Have a Painless IRS Audit 227 Appendix A Tax Loopholes Strategy Success Stories 237 Appendix B 300+ Business Deductions 248 Appendix C IRS Principal Business and Professional Activity Codes 261 Appendix D Sample Forms 281 Index 307 Meet Diane Kennedy 311 flast.qxd 10/25/04 10:07 AM Page vii Foreword There are two parts to making a whole lot of money. The first is earning it and the other is keeping it. The hard part is keeping it. In this book, Loopholes of the Rich, you are going to legally learn how to make more, keep a whole lot more, and pay less tax. One of the things I teach is “The best thing you can do for the poor is not be one of them.” What you want to do is build a financial fortress around yourself, your family, and your businesses. Do what the rich do by having a plan and a path. You need an effortless strategy that is easy to understand. This book takes you through it step-by-step-by-step. Diane gives you not only a wealth creation system, but a wealth preservation and protection system that is invincible, unstoppable, and resolute, and works for you now and works for the future. What you want to do is create a residual, philanthropic future income that makes your church, temple, mosque, or charity of your choice infinitely better off than they were before you came. So now you have lasting value, because you knew the Loopholes of the Rich. You deserve to know this information, and now Diane has written it in such an easy-to-understand way that you can make it, keep it, and have it grow. As John Wesley said, “You want to earn all you can, save all you can, invest all you can,” and let me add protect all you can, so then you can give all you can. —Mark Victor Hansen Co-creator, #1 New York Timesbest- selling series Chicken Soup for the Soul® Co-author, The One Minute Millionaire vii flast.qxd 10/25/04 10:07 AM Page ix Introduction THE RULES HAVE CHANGED Are You Living Your Dream . . . or Your Nightmare? Are you one of the millions today who keep working harder and harder and receive less and less in return for their effort? Just where does that money seem to go? And, even more frightening, where does all your time go? Many today are waking up to the re- alization that they have somehow gotten old, and their lives so far have only been about striving—with nothing to show for all the years of work. Where Did It All Go Wrong? The biggest expenses for the average American are interest and taxes. Both of these expenses put your money in someone else’s pocket. The in- terest that you pay on your home mortgage, car loan, credit cards, and the like is income to someone else. The taxes you pay go to support the government without much input from you. In other words, the typical middle-class wage earner works to pay other people. And, worse yet, the average American seemingly has no say in how the money is spent. No wonder you feel out of control sometimes! The middle-class dream has become a nightmare. You can’t work harder at your job and expect to get ahead. And, even worse, you might not know this until it’s too late. You might find out that you have no fu- ture just as you’re ready to retire and enjoy your golden years. That’s ix flast.qxd 10/25/04 10:07 AM Page x x INTRODUCTION when you find out the pension you hoped for is gone. That’s when you find out your house costs you more in property tax and insurance than you can afford. And, too late, you find out you now have outdated skills for the job market. This is one nightmare that doesn’t end when you wake up. You don’t even know you’re in the nightmare until you wake up and find out you have no money and no future. The good news is that there still is a dream possible for you. And that future is possible no matter where you are today. It doesn’t matter where you live. It doesn’t matter how much money you have now. It doesn’t matter how much debt you have. But the way to realize the dream, and end the nightmare, is not the way your parents taught you. The plan of your parents—work hard, save your money, and col- lect your retirement—was effective for them, but it doesn’t work now. Loopholes of the Rich was written to provide the information you need to operate in today’s world. In this book you will learn the new rules that the wealthy play by. And you will learn how you can play by the same rules. What Does It Mean to Be Average? Five years ago, it was estimated that the average 50-year-old American had a net worth of zero. Consider what that means. It means that someone has worked for 25 or more years and has been able to accu- mulate nothing. Of course, that’s an average; so for everyone who has assets that exceed their debt, there is someone who owes more than they own. At 50 years of age, they have another 15 years or so to work. A lot has to change if they want to recover from where they are now. They have to reverse the effects of 25 years of work in just 15 more years of work. Last year, a new study was done. It’s now estimated that an average 50-year-old American has a net worth of minus $7,000! It’s going the wrong way! flast.qxd 10/25/04 10:07 AM Page xi INTRODUCTION xi The conventional wisdom for the average person just doesn’t work anymore. If you aren’t average, or don’t want to get those average results (owing more than you own), then it means that you’re ready to learn the secrets of tax-advantaged wealth building that the rich know. How to Improve the Odds Avoid being average by creating balance between financial education and proper financial action. No one person can have all of the answers. A team makes you stronger. Your team should encourage and move you in the right direction. This book will tell you how to find, evaluate, and work with the right team. With their help and advice, you can succeed! How to Put More Money in Your Pocket Today Taxes are the single biggest expense for the average American today. One small change in the amount of tax that you pay can create a huge change in how you and your family live your lives. This book will tell you what small changes make the biggest impact. Even better, you’ll learn strategies that can help you save taxes to- day! But it takes more than just learning about them. You need to also put the ideas into action. Loopholes of the Rich will show you how to do that as you build a team that supports your goals. But, first, we start with the basics of loopholes. Loopholes Are Government Incentives Loopholes are government incentives to promote public policy. They aren’t something shady or shifty. In fact, the government wants you to flast.qxd 10/25/04 10:07 AM Page xii xii INTRODUCTION take advantage of the legal tax loopholes that the tax law provides. So where are the loopholes? You’ll find most of the loopholes in the two ar- eas that most support the economy—businesses and real estate investing. Businesses, and particularly small businesses, provide stimulus to the economy. A growing business employs people, hires consultants, invests in equipment, and just generally kick-starts a struggling economy. In fact, look at recent tax legislation. Does it seem like the tax cuts are un- fair? They are! That’s because the government wants to create a change in the economy and knows that the best way to do that is by creating op- portunities for businesses to grow. Real estate loopholes are another important part of public policy. Real estate investors provide housing for people who don’t cur- rently own their own homes. The government has tried to provide that same kind of housing (called public housing), and the result is decaying tenements where no one wants to live. In fact, while prop- erty values have generally appreciated (when taking the long-range view), public housing values have generally gone down. The govern- ment therefore provides the loopholes in order to encourage real es- tate investors. The first edition of Loopholes of the Rich was published in 2001. Since then, I’ve heard from thousands of people about how they have made more money and reduced their taxes by taking advantage of the tax loopholes that the government wants you to use. The loopholes are there! The government puts them there for us to use, but it’s up to us to find them. A Word of Caution You will hear ideas and examples throughout the book that will excite you. You will likely find that the people in the examples have situa- tions very much like yours. You will want to do something—be moved to take action. That’s great! The caution is that you must follow all the steps closely. One of the fundamental, key steps is the need to have a good team. Find advisors whom you can trust to give you the best advice. flast.qxd 10/25/04 10:07 AM Page xiii INTRODUCTION xiii The Do-It-Yourselfer Every so often, as I speak at seminars, participants’ questions make it clear that they intend to do it themselves in attempting to find the right business structure for their businesses. I am reminded of a medical school classmate of a friend of mine. It had become evident who the top student in the class was by the second year of medical school. In fact, this particular young man was so far advanced that he had trouble communicating with any of his fellow students and many of the professors. As his knowledge, and his conceit, grew, he began to believe that he was more compe- tent than anyoneelse in the medical profession. This was in spite of the fact that he was only in his second year of medical school. With that belief, he self-diagnosed a potential appendix prob- lem for himself and determined that he should have an appendec- tomy. Of course, he felt that no one was as good as he was, so he also decided to remove the appendix himself. He gave himself local anesthesia and rigged up mirrors on his narrow dormitory bed so that he could view the operating site—his own abdomen. His skill might have been top-notch, but he couldn’t stanch the flow of blood quickly enough and soon passed out from the blood loss. Luckily, he was discovered before he died from the failed surgery attempt. He was trained, he was competent, and he almost died trying to do it himself! The Bottom Line: Use trained professionals; don’t try this by yourself. What You Will Learn in Loopholes of the Rich Loopholes of the Rich came about as a result of my years of experience working with people who searched for ways to reduce their taxes and increase their wealth. After talking to literally thousands of people