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.

Freelancer or employee?

SBOCTeam — Wed, 09 Jan 2008 16:26:00 GMT

Understanding the difference may help your business avoid a costly headache

By Chris Freeburn

You know who your employees are, right? Of course you do. But are you sure the IRS will agree with you? That, it turns out, might be a problem. Small businesses often give their employees considerable flexibility in terms of hours and working conditions, and many rely on freelancers and independent contractors to perform specific tasks or take on temporary work. Such outside workers aren't considered "employees," right? Be careful: They may be.

Surprisingly, determining whether someone counts as an independent contractor or an employee does not depend on the amount of time that person works for a company, or even how or when that person is paid. The decisive factor is how much control the company exercises over that person's activities for the company. Generally, if you control only the outcome of the work, by accepting or rejecting the finished product, then the person is an independent contractor. However, if you control not only the finished product, but the means and methods by which it is produced, then the person is an employee. So even if a metalworker spends most of his time working in your shop, if he uses his own tools, sets his own hours, and is not under your control and supervision, he continues to function as an independent contractor. If, however, he uses your tools and materials, during hours you set, and is subject to supervision by company managers while he works, then he has become an employee.

Making the determination between independent contractor and employee is an important decision for you as an employer. Employers are required to withhold income taxes from an employee's salary, as well as pay Medicare, unemployment, and social security taxes on each employee. However, employers generally do not have to withhold and pay such taxes on payments to independent contractors. In the event that that you incorrectly classify a worker as an independent contractor, the IRS can hold you liable for that worker's unpaid taxes in addition to penalties and interest. No statute of limitations exists on these taxes. If the IRS decides that your firm has wrongly classified an employee, you will be liable for these back taxes and penalties for every year of that error.

The IRS defines four possible categories of workers: independent contractors, common law employees, statutory employees and statutory non employees. Statutory employees are workers who might otherwise be defined as independent contractors, except that their jobs have been defined as having employee status by law. Such positions include individuals working from home using materials and goods provided by an employer, which must be returned to that employer; delivery drivers (except for milk deliveries); full-time life insurance salespeople who sell life insurance or annuity contracts for one business; and full time traveling or local salespeople who work on one business' behalf. Statutory non employees comprise direct sellers and licensed real estate agents, who are, by law, treated as self employed. Employers must file IRS form 1099 MISC to report payments in excess of $600 made to independent contractors, but generally have no other tax liability, unlike with regular employees.

Ever vigilant for tax errors, the IRS closely examines taxpayers whose income is mostly reported on 1099 MISC forms, with an eye toward catching firms who improperly list employees as independent contractors. If your metalworker receives the majority of his or her income from just one firm, the IRS may choose to investigate whether he or she truly functions as an independent contractor. That can create a considerable hassle for you, especially if the IRS ultimately decides that the metalworker should have been considered an employee.

If you have difficulty determining whether a worker is properly defined as either an employee or independent contractor, or simply don't wish to risk IRS penalties, you can have the IRS decide the matter itself by submitting Form SS-8. The form asks for a complete description of the worker's duties, extent of employer supervision and salary. You can find Form SS-8 and a variety of advisory publications regarding the rules defining employees and independent contractors at www.irs.gov.

Chris Freeburn is an Associate Editor/Writer for Priority magazine

The Do's and Dont's When Facing An Audit

SBOCTeam — Fri, 19 Oct 2007 23:52:00 GMT

For most small business owners, finding a letter in the mail from the IRS can suddenly unleash a flood of emotions, from fear to anger to guilt to helplessness, and that's even before you even open the envelope. And among all the possible scenarios that can flash through your mind, discovering that you are about to be - gulp - audited, is for most small business owners, far and away the worst. Instead of panicking when the IRS comes calling, arm yourself with the information you need to get through the process:

DO:

Keep ALL of your small business's receipts back seven years.

Let the IRS know whenever you move. (Use IRS Form 8822.) If you don't, an IRS notice could go to your old address and an audit could begin without your being aware of it.

Wait a couple of weeks after receiving your audit notice to call the IRS and schedule an appointment. And then pick a future date that gives you as much time as possible to prepare.

Organize your papers (and thoughts) ahead of time so you can quickly answer questions.

Make copies of all correspondence you send the IRS.

Avoid giving auditors your original documents at all costs. Instead, ask that he either take notes or make a photocopy of them.

Treat the auditor politely and professionally, and expect the same from them. If an auditor is rude or disrespectful, you have the right to speak to his or her supervisor.

Consider hiring a tax professional as a consultant.

Have reasonable expectations. Nearly 90 percent of audits conclude with a higher tax bill, so an attitude aimed at simply minimizing your financial losses is often the best.

DON'T:

Fail to file a tax return. Ordinarily, the IRS can only examine returns going back three years. But if you don't file, the statute of limitations on that year never expires.

Estimate. Round numbers on your return tell the IRS you're not really tracking your cash

Forget to print out receipts or order confirmations for all your business's online purchases.

Let an auditor come into your business and freely interact with your employees and customers.

Volunteer information or answer questions that the auditor hasn't asked.

Be a pushover. Ask the auditor questions during the audit and insist that he explain the legal reasons behind any problems that he's found.

Tape-record the audit. Even though you have the right, this often causes the auditor to be even more stringent and, therefore, most experts caution against it.

File another tax return during an audit. Instead request an extension. If you do file during an audit, the IRS could expand its scope to include it.

Offer anything to the auditor that could even remotely be considered a bribe

Taking these steps, along with a talk with your tax advisor or accountant should aleviate some of the pressure should the IRS come knocking at your door.

Don�t procrastinate�use your tax extension to benefit your business

SBOCTeam — Sun, 29 Jul 2007 23:10:00 GMT

If your small business joined the nearly 10 million taxpayers that received an extension on filing federal taxes this year, there are some important things to consider over the next few months.
By Reed Richardson

Perhaps the most basic of these is to understand that getting an extension on filing your taxes is not an extension on paying your taxes. While most small business owners are savvy enough to recognize this distinction, every year a small minority forget to send in an estimated payment before the spring deadline and end up paying unnecessary penalties. The good news, though, is that even if you did forget to send the IRS an on-time payment, getting an extension on filing means you kept the damage to a minimum (late filing penalties are ten times higher than late payment penalties). Also, remember that the IRS doesn’t care as much about inaccuracy as it does inaction, so if you didn’t pay on time don’t wait six more months just so you can mail the exact amount—get that good faith estimate in the mail as soon as possible.

Next, small business owners should think about why they needed the extension in the first place. “The main reasons small business owners file extensions is that they either don’t have all their records ready or they just didn’t have the time to file,” notes Barbara Weltman, author of Small Business Taxes 2007. “Running their business just gets in the way.” But she points out that the IRS only gives one six-month extension, no matter what your reasons. “For businesses that are seasonal, an extension can work out well since they might have the time to focus on filing their taxes in the fall rather than the spring,” she says. However, year-round small businesses might not have this luxury and so, overworked owners must make a concerted effort to set aside time for filing throughout the summer, or else he or she could end up in repeating the same mistakes six months later. “For some, it will still be crunch time in the fall,” Weltman concedes.

To prevent this, small businesses might want to reconsider how they get their taxes done, particularly if they typically rely on a seasonal tax preparation service. “That tax prep store in the mall will be gone come May—that’s something to think about,” notes Weltman. “You might start thinking about using an accountant instead, someone who’ll be an adviser to you and help you take advantages of the right deductions all year long.”

There are other ways to take advantage of your extension. “For example, you have more time to put money into your retirement plan,” Weltman says. “You have until the extended due date of your return to set and fund things like a SEP plan.” In fact, she says that for most small businesses there are almost no downsides to filing for an extension. It might even be worth making it a part of your annual tax strategy. That is, of course, unless the IRS owes you. “It doesn’t make a lot of sense to do this if you’re getting money back,” Weltman points out. “Because if you are, and your small business is still missing the first deadline, you are doing something wrong.”

Reed Richardson is managing editor for Business 24/7 magazine.