Taxes

Economic Recovery Package: What�s In It for You?

SBOCTeam — Fri, 20 Feb 2009 22:35:00 GMT

by BigIdeas4Biz

The $787 billion American Recovery and Reinvestment Act of 2009, which was signed into law on February 17, 2009, is designed to spur the economy. It makes numerous tax changes for individuals and businesses. Since sole proprietors, independent contractors, LLC members, and other owners pay tax on their share of business income on their personal returns, business-related changes become highly personal!

Most of the changes run for only a short time-two years, one year, or less. Many of the changes have income caps, so check these limits carefully to see whether you qualify. Here is an overview of some key changes that could affect you.

Buying equipment
Upgrade your computers, office furniture, machinery or equipment and get tax breaks:

Deduct the cost up to $250,000 for equipment purchased placed in service by December 31, 2009 (called first-year expensing or the Section 179 deduction).
This applies to both new and pre-owned items. The deduction applies whether you finance the purchase in whole or in part. Caution: Opting to use this write-off only makes sense if you're profitable for the year. If you don't use first-year expensing, you simply depreciate the purchase price.
Claim 50% bonus depreciation for the cost of new property placed in service by December 31, 2009. This break can be combined with first-year expensing, as well as a regular depreciation allowance, to enable most or all of the cost of qualified purchases to be deducted this year.

If you purchase a new (not pre-owned) personal car or light truck after February 17, 2009, and before January 1, 2011 (even though you use it partially for business), you can deduct state and local sales and excise taxes, regardless of whether you itemize your other personal deductions. This break doesn't apply to leased vehicles. The deduction is limited to taxes on a sticker price up to $49,500. The deduction phases out for singles with adjusted gross income between $125,000 and $135,000 ($250,000 to $260,000 for joint filers).

Getting credits
A tax credit reduces your tax bill dollar for dollar; a tax deduction saves you an amount based on your tax bracket. For example, a $1,000 credit saves you $1,000 in taxes, while a $1,000 deduction only saves you $250 in taxes if you're in the 25% tax break. Some new tax credits of note:

American opportunity credit. Now may be a great time to complete your education. If you (your spouse or dependent) is in the first four years of college, claim a tax credit in 2009 and 2010 equal to 100% of the first $2,000 of tuition and other qualified expenses, plus 25% of the next $2,000, for a top credit of $2,500. The credit phases out for singles with adjusted gross income between $80,000 and $90,000 ($160,000 to $180,000 for joint filers).
Work opportunity credit. If you hire certain disadvantaged workers, you get a tax credit (usually 40% of first-year wages up to $6,000, for a top credit of $2,400 per eligible new employee). The new law expands the group of targeted workers that can qualify for 2009 and 2010 to include certain unemployed veterans and unemployed youth who lack education and certain basic skills
Business energy credits. Going to alternative energy can save you in utility costs as well as provide you with important tax breaks. There are several tax credits to encourage investments in renewable energy production and for other alternative energy investments for your business. Note: There are also credits for making energy improvements to your home.

Getting a tax refund
If 2008 was a difficult year for your business and you show a loss, you may be able to turn that into an immediate tax refund. Net operating losses (NOLs) for small businesses can be carried back and used to offset income in prior years. Usually, the carryback period is limited to two years. For NOLs in 2008, you can choose a three-, four-, or five-year carryback (the option only applies to businesses with gross revenue of $15 million or less).

If you have an NOL and want to use this carryback, you can obtain your tax refund by filing amended returns on IRS Form 1040X, Amended U.S. Individual Income Tax Return, for those years or by filing for a quick refund (individuals use IRS Form 1045, Application for Tentative Refund, which the IRS usually acts upon within 90 days of the filing of the form).

Paying estimated taxes
Usually, to escape underpayment penalties, estimated taxes must be at least 90% of the tax shown on your current year's return or 100% of the tax on your prior year's return. The current year return threshold rises to 110% if your adjusted gross income (AGI) in the prior year was more than $150,000 (or $75,000 if married filing separately).

For 2009, the first payment of which is due April 15, 2009, there will be no estimated tax penalties if tax payments for 2009 total at least 90% of your 2008 taxes. To rely on this reduced estimated tax payment requirement, your AGI in 2008 must have been $500,000 or less, and half of your income must be derived from a small business (defined here as 500 or fewer employees).

When figuring estimated taxes for 2009, take into account the new Making Work Pay credit if you're self-employed. The credit, which is the crown jewel of the new law, is $400 for singles or $800 for joint filers. The credit phases out for singles with AGI between $75,000 and $95,000 and for joint filers with AGI between $150,000 and $150,000. The credit is paid to employees by means of adjusting their payroll withholding; for self-employed people, reduce your estimated tax payments accordingly.

Preparing for payroll changes
If you have employees (including yourself), expect revised withholding tables for 2009 in late spring to reflect the Making Work Pay credit. These new tables will help you adjust employee take home pay to reflect the credit, which is retroactive to January 1, 2009.

Businesses with more than 20 employees and that offer COBRA health coverage will also have to adapt to new federal subsidy for involuntarily terminated workers after September 1, 2008, through the end of 2009. The federal government will pay 65% of COBRA premiums for these former employees and the payments will be made by means of a reduction in an employer's payroll taxes (with some credit to employers if the subsidy exceeds payroll taxes).

Seven Year-End Tax Tips

SBOCTeam — Tue, 02 Dec 2008 15:24:00 GMT

By Christopher Freeburn

The autumn leaves are falling, a chill is in the air, holidays are looming, and, for small business owners, it's a good time to think about ... taxes. While no one likes to ponder the intricacies and implications of the Internal Revenue Code, taking the time to do so toward the end of the year can save your business a considerable amount of money come tax time.

So what can you do now?

1. Lower Revenue. Since your tax bill will be calculated on the basis of how much income your company has made during the year, a good way of keeping that bill down is to defer the receipt of as many payments from customers as possible into January. If your business operates on the cash basis of accounting, this can be easily done by simply delaying the mailing of bills for end-of-year purchases until very late in December, or permitting other bills that are due to be paid in January. Not only does this allow you to lower the current year tax bill, but you get to keep the tax due on those funds in the bank, accruing interest, for a whole year. Additionally, your customers will appreciate the added time to pay their bills, especially around the holiday season.

Note, however, that this strategy only benefits you if you won't be entering a higher tax bracket in the coming year. If you estimate that your business will be operating in a higher tax bracket next year, deferring payments until next year may cost you more later. Also, if your business shows a loss for this year, it makes less sense to defer the payments, since doing so only increases the size of your loss for this year and will have no tax impact.

Also note that simply not depositing a check received before the end of the year does not mean that you can defer that revenue to next year. The IRS requires you to include any checks received before December 31 as part of this year's revenue. Failing to do so could result in penalties if you are audited.

2. Make that major purchase. If you are considering a major purchase of business equipment, it's a good idea to do it now, so that the cost can be deducted from this year's taxes. As part of the Economic Stimulus Act of 2008, signed into law earlier this year, the limit on Section 179 deductions for business equipment purchases was raised from $125,000 to $250,000, and the total amount of equipment purchases that are deductible was raised from $500,000 to $800,000. Both used and new equipment qualify for the deduction and you are able to finance the purchase. But any new equipment acquired must be put into use by your business by December 31 to qualify for the deduction.

3. Increase Expenses. You can reduce your tax bill by increasing the amount and number of deductions you take for business expenses like office supplies and office furniture. You can increase the benefit by charging such expenses on your business credit card, which means that-if you make the purchase in December-you get to claim the deduction for this year's taxes, but won't have to pay the credit card bill until next year.

4. Pay Recurring Bills Now. The same applies to bills for business services, like rent, phone service, and equipment leases, which should be paid before the end of the year, even if not due until after December 31. Consider pre-paying for bills that you know you will need to pay anyway like rent. Such payments can be deducted against this year's taxes. Make sure that pre-payments made now won't complicate your cash flow in January.

5. Contribute to a Retirement Plan: If you don't have one, you really should, and this is the perfect time to set it up. Payments made to a retirement plan-401(k), IRA, KEOGH, or SEP plan-are deductible against this year's income. Most retirement plans have a contribution limit.

6. Consult a Tax Advisor. Tax law is complicated. Very few small business owners, outside of CPAs themselves, have the time or inclination to acquaint themselves with the IRS code and the yearly changes made by Congress. Instead of trying to work it all out yourself, you are better off consulting someone who has made business taxes his or her profession. A tax advisor can make certain that your business is not only in compliance with all the relevant tax codes, but is taking advantage of every allowable deduction.

7. Consider the home office deduction. Do you conduct business out of any part of your home? Many small business owners have at least one room devoted to some aspect of their business, whether it is keeping shipping materials in the garage, or a bedroom that has been converted into an office or filing storage space. With so many small businesses operating partially or completely out of people's homes, the IRS allows small business owners to deduct a portion of rent, mortgage payments, utilities, and maintenance for qualifying home offices. The IRS has fairly stringent tests for such deductions, however, and it is advisable to consult a CPA about your particular situation to make certain it qualifies.

Commonly Missed Deductions

SBOCTeam — Wed, 30 Jan 2008 16:26:00 GMT

Don't Leave Money on the Table! Tax time is here, so make sure your small business is getting every dollar you deserve

By Reed Richardson

Every year, millions of small businesses give away billions of dollars to the U.S. government by failing to claim everything they should on their tax return. To ensure you don't make the same mistake, here are some of the most commonly overlooked tax deductions and credits.

Retirement Plans If your small business has a SEP IRA, SIMPLE IRA, or 401(k) retirement plan, you can deduct your employee contributions as well as your own personal contributions from your company's federal taxable income. Also, the IRS allows tax credits to cover the cost of starting up these retirement plans. (For example, a small business could be eligible to claim up to $500 a year in tax credits for the first three years after starting a SEP IRA.) For more on small business retirement plans, check out IRS Publication 560 (irs.gov/publications/p560/index.html).

Sales Taxes If you're a sole proprietor and you only file an individual tax return, you should check the IRS's handy sales tax deduction calculator (http://apps.irs.gov/app/stdc/) before filing. If your small business is incorporated and files a separate tax return, however, you can deduct all sales tax you paid on business property and equipment on Schedules C or F (or E if it involves rental property). In fact, you should treat sales tax in the same manner as you would the rest of that same purchase. So, if a business expense is deductible, so too is the sales tax, and if a purchase involves property or equipment that is depreciable, the cost of the sales tax is also subject to depreciation. Also, any foreign point of sale taxes paid by your small business, such as the European Union's VAT (Value Added Tax), can be tax deductible as well.

Insurance Generally, the premiums you pay on most kinds of insurance for your company are deductible as business expenses. This includes fire, accident, and theft insurance as well as liability, worker's compensation, and malpractice insurance premiums.

Home Office Deduction As a small business owner, it's probably quite common for you to chase the kids off of your home computer so you can run the occasional sales report or P/L statement. And if this sounds familiar, you have, unfortunately, just disqualified yourself from the home office deduction. That's because it is only available to self employed people who meet a "regular and exclusive" test. In other words, you can't mix your business and personal life in your home office even if your home office's use is 99% business and 1% personal and still claim the deduction.
In fact, a September 2006 IRS circular noted that because of the frequent misinterpretation of the home office deduction "compliance is a concern," and that it will be "focusing enforcement efforts, including examinations, on these issues." So, consider yourself warned: If you take the home office deduction, you stand a higher chance of getting audited. (For a quick guide to figuring out if you really do qualify, see page 4 of IRS Publication 587 here: www.irs.gov/pub/irspdf/p587.pdf).
To calculate your home office deduction you must first find the business percentage of your house. (Dividing the square footage of your office by the total area of your home is one way to do this, dividing the number of rooms used for your business by the total number of rooms in your home is another.) Once you've figured out the business percentage you can apply it to general expenses associated with your entire home, such as property taxes and mortgage interest or rent, as well as expenses specific to just your home office, like additional insurance, security systems, repairs, and utilities (like a second, work-only phone line). To see a sample of what a home office deduction for a self employed individual or sole proprietor looks like when filled out, take a look at page 23 of IRS publication 587.

Bad debts and business write offs Unpaid customer accounts that will be written off as worthless debts as well as any documented losses due to theft or fraud (not already covered by insurance) are deductible, but only if the revenue was at one time included in your business's gross income. However, cash based businesses that never recorded the sale or service as income in the first place are not eligible to take this deduction.

Bank fees and finance charges Many of these business costs are deductible from both sides of the transaction equation buyer and seller. So, not only can you typically deduct fees and interest charges on your own business credit cards, you can also deduct service fees charged by the bank for accepting your customer's credit cards.

Advertising A big one that should never be overlooked, as almost all advertising and promotional expenses, even the cost of printing up your business cards or sponsoring a local Little League team, can be deductible.

Mileage deduction For the 2007 tax year, the standard mileage deduction for business related driving rose four cents to 48.5 cents per mile. Keep in mind, this deduction is only available to companies with four or fewer vehicles. One other note, while the standard mileage deduction covers most car-related costs, parking fees and tolls as well as finance charges and insurance premiums on business-owned vehicle loans can be listed as separate deductions.

Upfront Depreciation Commonly known as Section 179 deductions, this provision in the tax code allows small businesses to claim a maximum deduction of up to $125,000 on depreciable property purchased for the business in 2007. Qualified property for this deduction typically includes machinery and equipment, furniture and fixtures, as well as most storage facilities.

Tax Preparation Fees Ironically, the cost of hiring an accountant or tax preparer as well as the cost of purchasing tax preparation software is an often overlooked deductible expense. Don't make that mistake.

Mailing Costs Postage, postal meter rental fees, and shipping costs that your small business pays are tax deductible.

Prior to relying on any legal, tax or financial advice or recommendations provided herein, you are advised to consult with your attorney, financial adviser and/or tax professional to verify the information provided and to determine the applicability of any federal, state or industry specific laws and/or regulations that may apply to you. Bank of America shall have no liability for legal, investment, finance and/or tax decisions based on the information provided.