Archive for the ‘Individual Taxes’ Category

Hiring Your Spouse Without Running Afoul The IRS.

Tuesday, August 17th, 2010

On the advice of a CPA a farmer hired his wife who had worked on the fam­ily farm for years with­out pay.  All the farm and per­sonal expenses were paid from the same joint check­ing account (this is called co-mingling of funds).  The ratio­nal for sud­denly hir­ing his wife and pay­ing her a mod­est salary was so they could set up a plan to reim­burse the her as an employee for med­ical expenses.  The wife opened an account to receive her pay and to pay for the med­ical expenses.  The IRS denied the med­ical reim­burse­ments on the Sched­ule C and the tax court agreed (Shel­lito V Com­mis­sioner TC Memo 2010–41).

Why? The Eco­nomic Sub­stance Doc­trine.  The wife had work for years with no pay and the only rea­son to make the change was to receive a tax ben­e­fit.  The change in the farmer’s busi­ness prac­tice had no eco­nomic sub­stance other than the tax ben­e­fit so the ben­e­fit was denied.

Bot­tom Line: When related par­ties are involved employ­ers should fol­low all legal for­mal­i­ties and have an eco­nomic sub­stance behind them.  The farmer did not have a rea­son for sud­denly pay­ing for work that was pre­vi­ously unpaid, and did not estab­lish that the pay was rea­son­able for the work done.  Also since the farm and per­sonal expenses were paid from an account co-owned by the farmer’s wife she was essen­tially reim­burs­ing herself.

See Med­ical Insur­ance Plans for Small/Micro Busi­ness Own­ers about one way to do it properly.

See Tips to Avoid Get­ting Audited, and How to Make Your Audi­tor Drool for more infor­ma­tion about not co-mingling your funds and other ways to steer clear of an IRS audit.

As always, small busi­ness ser­vices and tax­a­tion are our busi­ness.  If you need help Please give Art & Busi­ness Con­sult­ing a call.  We would love to engage you as a client.

The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in. The con­tent of this blog gen­er­ally applies to busi­ness and indi­vid­ual tax­a­tion in the United States of Amer­ica.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant, human resource spe­cial­ist, finan­cial plan adviser, or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

Arizona Non Conformity — What Do You Do?

Thursday, August 12th, 2010

AZ tax­pay­ers beware.  On April 27, 2010 after the fil­ing dead­line with­out exten­sions passed, the Ari­zona leg­is­la­ture decided not to con­form to all the tax law changes made by the Fed­eral gov­ern­ment in 2009.  Areas of non con­for­mity are:

  • Unem­ploy­ment: you need to ADD the $2400 the fed­eral gov­ern­ment exempted from gross income back into your Ari­zona income and pay the addi­tional tax.
  • Auto­mo­bile Sales Tax deduc­tion: you need to REMOVE the auto­mo­bile sales tax from your deduc­tions, which will increase your income and you may owe addi­tional tax.
  • Haiti Con­tri­bu­tions made between Jan­u­ary 11 and before March 1, 2010 that were taken as a char­i­ta­ble deduc­tion in 2009.  These con­tri­bu­tions will be eli­gi­ble char­i­ta­ble deduc­tions on your Ari­zona taxes in 2010.  Again this will increase your 2009 income and you may owe addi­tional tax.
  • Dis­charge of Indebt­ed­ness (DOI) Income From Busi­ness Indebt­ed­ness Dis­charged by the Reac­qui­si­tion of a Debt Instru­ment–the feds allowed it to be added rat­ably over 5 years, AZ did not. 
  • Orig­i­nal Issue Dis­count (OID) on Reac­qui­si­tion of Debt Instru­ment–the feds allowed the income to be deferred, AZ did not. 
  • Spe­cial Fed­eral Net Oper­at­ing Loss (NOL) Car­ry­back Rules for 2008 and 2009 Losses-the feds allowed a spe­cial longer car­ry­back period of 3, 4, or 5 years, instead of 2, AZ did not. 
  • If you claimed any of these spe­cial deduc­tions or fol­lowed these spe­cial rules when you timely filed your AZ taxes for 2009, you need to file an amended Ari­zona tax return and pay more tax.  For­tu­nately for most tax­pay­ers the Ari­zona Depart­ment of Rev­enue (AZ DOR) has released a spe­cial tax form to deal with indi­vid­ual tax­payer non­con­for­mity issues OTHER THAN NOL non­con­for­mity.  This tax form is lim­ited only to indi­vid­ual tax form non­con­for­mity issues which makes it sim­pler to com­plete.  If a tax­payer com­pletes the new tax form and pays all the tax due by Octo­ber 17, 2011 the tax­payer will not owe any addi­tional tax. 

     The fol­low­ing are links to the new form and instruc­tions:
    Click here for Ari­zona Form 140X-NC.
    Click here for Ari­zona Form 140X-NC instruc­tions.

    You will need Adobe Acro­bat Reader ver­sion 7 or higher to view and print the form and instruc­tions. Adobe Acro­bat reader can be down­loaded for free from the Adobe.com web­site.  Note: ABC LLC is not afil­i­ated with the AZ DOR or Adobe.com.  These links will take you to their web­sites and you will be sub­ject to their poli­cies.  We do not know what their poli­cies are.

    As always, small busi­ness ser­vices and tax­a­tion are our busi­ness.  If you need help with this issue or any oth­ers, Please give Art & Busi­ness Con­sult­ing a call.  We would love to engage you as a client.

    The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in. The con­tent of this blog gen­er­ally applies to busi­ness and indi­vid­ual tax­a­tion in the United States of Amer­ica.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant, human resource spe­cial­ist, finan­cial plan advi­sor or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

    Midyear Tax Update 2010.

    Wednesday, June 30th, 2010

    So we are halfway through the year; con­gress has done noth­ing except pass health care reform. There are rumors that incum­bents are so ter­ri­fied of los­ing their jobs, that they are afraid to act.  I don’t know about you, but congress’s inac­tiv­ity also speaks to me-it’s congress’s job to make these deci­sions so that Joe & Jill aver­age tax­payer can plan their taxes; right now its hard to say how much taxes they should be with­hold­ing.  At the rate con­gress is are going none of these issues will be addressed until after Novem­ber elec­tions.  At that point sev­eral issues may be resolved in the lame duck ses­sion, which is far too late for tax planning. 

    Mil­lions on unem­ploy­ment need con­gress to act to receive extended ben­e­fits that were already in the works.  As an unem­ployed per­son reaches the end of their cur­rent tier of ben­e­fits, they will not be receiv­ing ben­e­fits under the next tier unless con­gress acts.  Even if con­gress acts there is no plan to extend ben­e­fits beyond 99 weeks. 

    As for other expir­ing leg­is­la­tion the usual sus­pects are in the offing:

    • Deduc­tions for col­lege tuition
    • Deduc­tion teach­ers supplies
    • R&D credit,
    • Farm machin­ery write off over 5 years
    • Lease­hold improve­ments over 15 years.

    There is talk they will revive:

    • Writ­ing of state sales taxes in lieu of state income tax,
    • tax-free direct pay­outs to char­i­ties from IRAs,
    • the extra stan­dard deduc­tion for per­sonal prop­erty taxes.

    Some new tax breaks they are kick­ing around

    • A break on cap­i­tal gains taxes on sales of stock for own­ers of a cer­tain small com­pa­nies, for stock held over 5 years,
    • A larger deduc­tion for busi­ness start up costs,
    • Pen­sion fund­ing relief,

    The estate tax talks are also under­way, but are being addressed sep­a­rately, and law mak­ers plan to rein­state it retroac­tively, but may face a legal chal­lenge. Con­gress is decid­ing whether to exempt $5M and have a tax rate of 35% or or $3.5 M and have a 45% tax rate. Nobody wants it to drop back $1 M in 2011. Cur­rently there is no estate tax. 

     Alter­na­tive Min­i­mum Tax (AMT) is also not in the cur­rent bill either–if con­gress does not pass higher AMT exemp­tions then they will fall back to pre-2001 lev­els and AMT will affect mil­lions more taxpayers.. 

    In other news the IRS is deny­ing pro­tec­tive claims of refund for FICA taxes on sev­er­ance pay for laid off work­ers.  Short of fil­ing a law­suit against the IRS, com­pa­nies can file an admin­is­tra­tive appeal with the IRS.  The appeals offi­cer can take into con­sid­er­a­ton the haz­ards of lit­i­ga­tion and offer a set­tle­ment, but if no agree­ment is reached the com­pany still has two more years to sue the IRS for the refund and by then the IRS appeal of the lower court rul­ing should be decided. 

    In 2011 all paid tax pre­par­ers must be reg­is­tered.  Start­ing in Sep­tem­ber the IRS should have a sys­tem in place for unreg­is­tered pre­par­ers to get a pre­parer tax iden­ti­fi­ca­tion num­ber (PTIN).  Licensed pre­par­ers that already have a PTIN will have to re-register it too.  The fee for reg­is­tra­tion is slated to be between $100 and $200. Only unli­censed pre­par­ers will be sub­ject to IRS com­pe­tency test­ing; unli­censed pre­par­ers will have 3 years to pass the com­pe­tency exam.

    UBS turned over the names of 4000 account hold­ers who may have stashed money over­seas to avoid taxes.  If you are among these 4000 you may want to con­sider turn­ing your­self in and throw­ing your­self on the IRS’s mercy in order to avoid crim­i­nal pros­e­cu­tion.  You may want to get a lawyer. 

    A recent rul­ing (Shiekh, TC Memo, 2010-126) upholds pass­sive loss rule for real-estate pros with mul­ti­ple rental prop­er­ties–they must attach a state­ment to the tax return say­ing the prop­er­ties are being treated as one activ­ity in order to sat­ify mate­r­ial par­tic­i­pa­tion rules to be treated as a non­pas­sive activity.  Merely group­ing them all together on on sched­ule E does not qual­ify as a valid elec­tion to group the rentals into one activ­ity for mate­r­ial par­ti­pa­tion purposes.  

    Busi­ness should be gear­ing up now to report health ben­e­fits received in 2010 on W-2s in 2011.  A health plan’s value is the same as would be used to com­pute the allow­able pre­mium for COBRA coverage. 

    Stay tuned.

    As always, small busi­ness ser­vices and tax­a­tion are our busi­ness.  If you need help Please give Art & Busi­ness Con­sult­ing a call.  We would love to engage you as a client.

    The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in. The con­tent of this blog gen­er­ally applies to busi­ness and indi­vid­ual tax­a­tion in the United States of Amer­ica.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant, human resource spe­cial­ist, finan­cial plan advi­sor or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

    More Changes For AZ Taxpayers

    Friday, June 25th, 2010

    July 1 is the start of the Ari­zona State fis­cal year which is why sev­eral changes are going into effect on that date. 

    AZ With­hold­ing Tax Change: On July 1, 2010 an employer must with­hold Ari­zona state income tax accord­ing to the new A4s, which they should have obtained from all of their employ­ees prior to that date. We have pre­vously  blogged about the change com­ing to the Ari­zona A4. On July 1st Arizona’s state income tax with­hold­ing rate will decou­ple from the fed­eral with­hold­ing rate. Every employee needs to do a new A4. An employer should not advise employ­ees about how to com­plete the form except to point out the form comes with work­sheet to assist them. That said, a quick and dirty cal­cu­la­tion would be to see how much tax you owed to the state last year and divide it by your Ari­zona state income; but of course this assumes that your income, expenses, mar­i­tal sta­tus, depen­dents, items of credit and deduc­tion, etc. are sim­i­lar to last year, which it may not be.

    AZ Child Sup­port Gar­nish­ments Change: If you are an employer who does gar­nish­ments for things like child sup­port in Ari­zona through CLEARINGHOUSE, please be advised that the fee will increase from $2.25 to $5.00  start­ing July 1.

    In addi­tion to these changes that go into effect in less than a week, there are other things you should aware of. 

    Trans­ac­tion Priv­i­lege Tax License Change:  You are prob­a­bly aware that the Ari­zona “sales tax” increased 1% statewide on June 1st, and you should have already adjusted your soft­ware, point of sales sys­tems and reg­is­ters.  How­ever some­time in Sep­tem­ber the AZ DOR is going to be send­ing out Trans­ac­tion Priv­i­lege Tax renewal forms.  The only peo­ple who won’t have to renew their licenses are those who got their licenses on or after July 1, 2009.  The law increases the fee to obtain, change or renew a license to $40 up from $12 for a period of 1 year and 2 weeks start­ing June 15, 2010;  means the change will be in effect for the state’s entire upcom­ing fis­cal year.  It’s not expected to be a big rev­enue raiser, but the AZ DOR hopes to get peo­ple who have never filed a TPT return or who haven’t filed in a long time off the sales tax rolls.  If you’e had your license a year or longer, you will need to pay for the renewal if you want to keep it.

    Non­con­for­mity with Fed­eral 2009 tax forms: This change qui­etly went into effect on April 27, 2010.  The State of Ari­zona decided not to con­form to the Fed­eral Tax code after the first tax dead­line had passed.  If you filed your tax form on or before April 15, 2010 and you had any of the fol­low­ing items of income, deduc­tion or credit on your tax return-you may need to file an amended Ari­zona tax return and pay addi­tional tax.  You do not need to amend your fed­eral tax return, just Arizona’s. 

    • Unem­ploy­ment: you need to add the $2400 the fed­eral gov­ern­ment exempted from gross income back into your Ari­zona income and pay the addi­tional tax.
    • Auto­mo­bile Sales Tax deduc­tion: you need to remove the auto­mo­bile sales tax from your deduc­tions, which will increase your income and you may owe addi­tional tax.
    • Haiti Con­tri­bu­tions made between Jan­u­ary 11 and before March 1, 2010 that were taken as a char­i­ta­ble deduc­tion in 2009.  These con­tri­bu­tions will be eli­gi­ble char­i­ta­ble deduc­tions on your Ari­zona taxes in 2010.  Again this will increase your income and you may owe addi­tional tax.
    • Dis­charge of Indebt­ed­ness (DOI) Income From Busi­ness Indebt­ed­ness Dis­charged by the Reac­qui­si­tion of a Debt Instru­ment–the feds allowed it to be added rat­ably over 5 years, AZ did not. 
    • Orig­i­nal Issue Dis­count (OID) on Reac­qui­si­tion of Debt Instru­ment–the feds allowed the income to be deferred, AZ did not. 
    • Spe­cial Fed­eral Net Oper­at­ing Loss (NOL) Car­ry­back Rules for 2008 and 2009 Losses-the feds allowed a spe­cial longer car­ry­back period of 3, 4, or 5 years, instead of 2, AZ did not. 

     The amended tax form is 140X for indi­vid­ual tax­pay­ers and it can be found on the AZ DOR web­site.  There is more infor­ma­tion about AZ 2009 non­con­for­mity here. These links take you to the Ari­zona Depart­ment of Rev­enue web­site and you will be sub­ject to their pri­vacy poli­cies etc.; Art and Busi­ness Con­sult­ing LLC is not affil­i­cated with the AZ DOR. 

    If you live in another state, check with your state’s depart­ment of rev­enue regard­ing con­for­mity issues with respect to your state. 

    As always Art and Busi­ness Con­sult­ing is here to help.  If you need help fil­ing an amended Ari­zona tax return, or any other with a small busi­ness and or tax issue, please give us a call.

    The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in. The con­tent of this blog gen­er­ally applies to busi­ness and indi­vid­ual tax­a­tion in the United States of Amer­ica.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant, human resource spe­cial­ist, finan­cial plan advi­sor or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.

    Health Care Benefits On W2 Will Not Be Taxed

    Friday, June 18th, 2010

    Many peo­ple have heard of one of the pro­vi­sions of the Patient Pro­tec­tion and Afford­able Care Act is that their employ­ers will be report­ing the value of their employer-provided health care cov­er­age on their W-2; that state­ment is true.  Con­gress appar­ently wanted employ­ees to bet­ter appre­ci­ate what their employ­ers spend on them. 

    Unfor­tu­nately there is a hoax email float­ing around report­ing that those ben­e­fits will be tax­able ben­e­fits; the email states Kiplinger has writ­ten an arti­cle sup­port­ing this con­clu­sion.  The email con­tin­ues on hys­ter­i­cally about how much their taxes will go up. Folks, I get the Kiplinger let­ter, and they have stated that those health care ben­e­fits reported on W-2s will not be taxed; law­mak­ers def­i­nitely did NOT vote to tax work­ers on their health care coverage. 

    The W-2s will report the value of your health care ben­e­fits to you and noth­ing more.  You will not be taxed on those employer-provided health care ben­e­fits (unless you are already being taxed on that income because your plan is not paid pre-tax).  The only thing that will change is you will now know how much your employer chipped in for your health care benefits. 

    Thats it; the email is a hoax. 

    As always Art and Busi­ness Con­sult­ing is here to help.  If you need help with a small busi­ness and or tax issue, please give us a call.

    The usual dis­claimers: Although ABC has made every effort to insure the accu­racy of Taxes, Tips and Tools, mis­in­for­ma­tion, dis­in­for­ma­tion, changes, mis­takes, typos and hack­ers hap­pen, there­fore Art & Busi­ness Con­sult­ing LLC takes no respon­si­bil­ity for any action taken or results based on the infor­ma­tion sup­plied here in. The con­tent of this blog gen­er­ally applies to busi­ness and indi­vid­ual tax­a­tion in the United States of Amer­ica.  Inter­nal Rev­enue Ser­vice Cir­cu­lar 230 Dis­clo­sure:  As pro­vided for in Trea­sury reg­u­la­tions, advice (if any) relat­ing to fed­eral taxes that is con­tained in this com­mu­ni­ca­tion (includ­ing attach­ments) is not intended or writ­ten to be used, and can­not be used for the pur­pose of (1) avoid­ing penal­ties under the Inter­nal Rev­enue Code or (2) pro­mot­ing, mar­ket­ing or rec­om­mend­ing to another party any plan or arrange­ment address herein.  Art & Busi­ness Con­sult­ing LLC cur­rently does not have a cer­ti­fied pub­lic accoun­tant, human resource spe­cial­ist, finan­cial plan advi­sor or an attor­ney on staff; this infor­ma­tion is purely for edu­ca­tional pur­poses and not to be con­strued as legal or finan­cial advice. Art & Busi­ness Con­sult­ing LLC and its employ­ees, mem­bers and asso­ciates are not engage to prac­tice law; you always should dis­cuss legal mat­ters with your attor­ney before talk­ing to any­one else.