Archive for the ‘Other Information’ Category

When Are Gifts to Employees Considered Taxable Income?

Tuesday, July 27th, 2010

Employers often give their employees small gifts of company merchandise and other things.  The key to ensuring a non-cash fringe benefit to employees is considered De Minimus and not included in the employees’ income is keep the number of items plus cost relatively low such that it would be unreasonable for the employer to track the cost or value to individual employees.  Be sure to provide the gift to more than a few employees.  Providing high cost gifts or only giving them to a few select employees may result in a taxable benefit to the employee. Examples of De Minimus gifts include:

  • Occasional use of a copy machine.
  • Work-related articles of clothing and accessories with company logo, replaced at most once per year that they are required to wear at work.
  • Occasional coffee, donuts, or other food and beverages.
  • Occasional group meals & employee picnics
  • Occasional tickets for events
  • Birthday gifts & oliday gifts
  • Flowers or fruit for special circumstances
  • Use of am employer’s vehicle if it is less than once per month.

The gift must be occasional.  The gift must not be disguised compensation. Gifts with a value of more than $100 are not considered De Minimus.

Gifts of cash or gift certificates are generally not considered De Minimus although there is an exception for providing an employee with cash for a meal or transportation that allows the employee to work extended overtime-the overtime must be unusual and the employee must work it.

A second exception exists for gifts to a few select employees, and that is for safety or length of service achievement awards. The gift has to be given as part of a meaningful presentation. Once again the gifts cannot be disguised compensation.  The gift cannot be cash, cash equivalent, vacation, meals, lodging, theater or sports tickets, or securities.

If a gift is not De Minimus the value of the gift must be accounted for and generally included in the employee’s taxable income as wages subject to income tax as well as Social Security and Medicare tax. If the gift is not considered De Minimus the entire value of the gift is taxable, not just the portion that exceeds the De Minimus benefit.

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, 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.

New Backup Withholding Rules For TIN-Name Mismatch

Saturday, July 24th, 2010

When you are notified by the IRS that a payee provided an incorrect name and taxpayer identification number (TIN) combination, you are to start backup withholding (28%) and pass along any “B Notices” you receive.  

 The interrim procedures require the payee to validate a Social Security number (SSN) by contacting the local Social Security Administration (SSA) office requesting an SSN printout, which they must give you a copy of.  Once you receive the printout you can stop backup withholding. 

There are 2 “B Notices“. These are notices you receive with your mismatch notification that you are to forward to the payee with the TIN-Name mismatch.   The first B-Notice you receive should be given to the payee with a Form W9, Request for Taxpayer Identification Number and Certificate

NOTE: Following this link takes you do a pdf document at the IRS.gov website.  Pdfs can be viewed and printed using Adobe Acrobat Reader, which can be downloaded for free from Adobe.comArt and Business Consulting LLC (ABC LLC) and its owners, employees and affliates are NOT affiliated with IRS.gov or Adobe.com.  When you visit their sites you will be subject to their policies and ABC LLC does not know what thier policies are. 

To continue.  When you receive the first Notice of a TIN/Name mismatch from the IRS you should deliver the B Notice to the payee with a blank Form W-9 and begin backup withholding of 28%.  Presumably if they return the W-9 with different TIN/Name information you would make the change and stop backup withholding.  If they don’t then eventually you will get the second B notice, but while you are waiting for it you would continue backup withholding in the absence of any action by the payee. 

When you receive a second notice of TIN/Name mismatch you should deliver the second B notice to the payee (do NOT give them a w-9); the second notice tells the payee they must go to the IRS or SSA to get the proper Name-TIN combination.  The payee must now certify the TIN-Name Combination with the SSN printout.  In the past the SSA would send a form SSA-7028, but the Form is now obsolete hence the interrim procedure noted above. 

In general you should only receive 2 of these notices in a 3 year period per payee. 

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.

BP Victims Receiving Payments-It’s Taxable

Tuesday, July 13th, 2010

There is no such thing as a free lunch.  If you are a business affected by the BP oil spill and receive money to replace income or profits, that is taxable income folks.  It’s replacing money that would have been taxed so…

If you are a self-employed proprietor, then you also owe self-employment tax on the money received. 

Payments to cover lost wages are also taxable and if your employer or employer’s agent is making the payment then federal income tax withholding should occur. 

If you do not supply your TIN to the payee then your payments will be subject to 28% back up withholding. 

If you have questions about your BP oil spill replacement income, and BP oil spill related tax matters, there is a toll free number you can call, 1 866 562-5227.  Also BP oil spill victims in financial trouble can call the IRS to suspend collection efforts.

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.

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.

Why Am I Writing a Tax Blog? What You Don’t Know Can Hurt You.

Monday, June 21st, 2010

What you don’t know can hurt you. 

The small business owner is the heart of the economic engine that drives this country. But so many small business owners lack the tools in their toolbox to deal with the financial aspects of their businesses.  If there is cash in the bank, they think things are fine, which is not necessarily true.  If there isn’t cash in the bank they start to worry, but of course by then it may be far too late to do anything about the negative consequences.

So initially Art & Business Consulting was about providing bookkeeping and other services to small businesses.  Some of those services included preparing tax forms: payroll tax forms, sales tax forms, etc.   Somewhen there was a rumor going round that unlicensed preparers were not going to be able to keep doing tax forms without a license.  So one summer I researched the options: Go to school and become a CPA, go to school and become a lawyer or take the Special Enrollment Exam (SEE) offered by the IRS and become a federally license Enrolled Agent (EA).  I decided if I were to go back to school it would be law school, but I am good at tests so I thought I would give the SEE a try first as I am pretty good at taking tests. 

Preparation proceded through out the summer with me downloading and reading over 100 dry IRS publications and preparing practice tax returns.   Pretty early into this process I was thinking, “The US federal government expects people to know all this?”    The tax code is ponderous.  To do any schedule you need may need to know about rules for things the average person knows little to nothing about. Furthermore there are Generally Accepted Accounting Principals (GAAP), and tax accounting, and believe it or not, they do not necessarily coincide. If you read the publications you will find a disclaimer on all of them that they are not to be relied upon in the event they contain a goober which causes you to get your taxes wrong.   The rules change depending on what kind of entity your business is taxed as.  The rules change all the time.  If you don’t understand the rules, you may not get all the deductions you are entitled to, or you may fail to keep the right documentation and lose the deduction in an audit.  In short there is a right way, a wrong way and the IRS way, which is seldom simple and always changing. 

Anyway, I wasn’t wrong; I am good at taking tests. I passed all sections of the SEE on the first go, and the IRS delivered my license to me some months later.  As for regulation of unlicensed paid tax preparers, that has happened.  Starting in 2011 all preparers will have to be registered with the IRS, will have to pass competency exams within three years and will be required to obtain continuing education.  CPAs, EAs and lawyers are exempt from the testing, we already have to get continuing education, but also have to re-register PTINs with the IRS. So it was a good thing I did something about it, but I am now going to be forking over double fees to the IRS-one for re-registering my PTIN, which is how the IRS will identify its registered preparers, and one for being an EA. Lovely. 

But back to my original premise, “The IRS expects Joe-average to know what?!!”  It’s ridiculous and I feel for you.  I do not love taxes, however I am passionate about all those entrepreneurs out there that are striving to keep our country strong by providing jobs to those who do prefer to have someone else tell them what to do everyday for money. I hate to see anyone, individual or businessman get in trouble, because they didn’t know about this or that technical detail, e.g.  Failing to file a tax return for a period where you do not owe money can still cost you etc.  And that is why I write this blog.  Many of the sources of my topics come straight out of the real world, either someone asks me a question or performs a goober that I correct (maybe) and educate them about. 

A blog that I consider the most important isn’t even about small businesses although it could certainly include them.  Its the blog about what happens to your tax advantaged retirement account if you die.  I consider the material in there so important I have left the link on the home page of my website. I am very passionate about what I do here. 

I don’t know too much about writing blogs, but today I have read I should ask you all what I should write about.  So my question to you today is what would you like to me write about?  Ask a question and we here at Art & Business Consulting LLC will do our best to come up with an answer. 

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.

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.

Medical Plans for Small/Micro Business Owners

Monday, June 14th, 2010

In general Group Health insurance including dental & qualified long-term care insurance is deductible as a business expense, but there are very specific issues with respect to small business owners.  A sole proprietor, partner or 2% or more shareholder of an S-corporation cannot deduct more than they earned from self-employment and cannot deduct medical insurance under self-employment for any time they are covered under any other employer’s plan including their spouse’s employer.

  • Payments made by a partnership on behalf of a partner are deductible as Guaranteed Payments to the partners, not as medical insurance expense/employee benefits.  The partnership must reimburse the partner if the partner pays for the insurance in their own name. 
  • For 2% shareholders such payments must be included in their wages subject to the usual withholding taxes. 2% shareholders must be reimbursed by their S-corporations in order for the insurance to be considered established under the business to qualify for the adjustment.
  • Self-employed persons, AKA Sole Proprietors, can take the Medical Insurance Adjustment to 1040 Income, whether they purchase the insurance in their own name or the name of the business. 

However there is a way to obtain medical insurance for business owner that is deductible as a business expense.  Based on Section 105 of the Internal Revenue Code, a small business owner who can demonstrate employable interest in the business can become eligible for an employee benefit program. All business filing types are eligible including sole proprietors, partnerships, C- and S- corporations. Section 105 HRA plans are designed specifically for small business owners that can legitimately hire their spouse. Because the spouse/employee can be reimbursed for family expenses the employer indirectly benefits as well. This type of plan is made possible by Section 105 of the Internal Revenue Code, Revenue Ruling 71-588 and IRS Letter Ruling 9409006. For C-corporation and S-corporation owners it will not be necessary to use the spouse/employee method. The corporation becomes the employer and the owner is an employee as long as they are an employee receiving a regular paycheck.

So you are saying, “So what.  If I can take the deduction on my personal tax forms why would I care?”  Whereas it is true that up to 100% of the payments made for health insurance maybe deductible on your 1040, which saves on the associated income tax, all those premiums will be subject to Self-employment taxes as well.  Under a section 105 Plan, the amounts paid for the plan premiums will not be, a tax savings of 15.3% of those premium costs.  Furthermore out-of-pocket medical expenses are only deductible if you itemize, subject to the 7.5% limitation of income; under a section 105 it may be possible to write off 100% of out-of-pocket medical expenses too. 

Setting up a Section 105 Plan is not a trivial exercise.  Care must be taken when establishing a Section 105 HRA to ensure that a legitimate employer/employee relationship exists with the family member. In 1999 the IRS Industry Specialization Program issued a paper that said: “The extent and nature of a spouse’s involvement in the business operations is critical. Although, part-time work does not negate employee status, the performance of nominal or insignificant services that have no economic substance or independent significance may be challenged. Merely calling a spouse an “employee” is not sufficient to qualify a non-working spouse as an employee”.

If you are going the employee/spouse route, the spouse must provide meaningful services to the company, those services must be necessary (have economic substance), and the spouse’s compensation, which includes the Section 105 plan, must be reasonable. Furthermore it is essential that business and personal funds not be co-mingled.  e.g. If you hire your spouse to do filing for 4 hours a week and then pay them $10/per hour and provide them with family medical plan costing $800 per month, you can bet the IRS is going to look askance at compensation which is 82% benefits and 18% hourly wages.  It probably won’t fly. 

How do I establish a section 105 plan?  If you are a business owner, you are going to have to hire your spouse.  Really, we are talking the whole employment enchilada here. Your business will need an EIN for payroll purposes.  You will need an employment application, w-4, I-9, New Hire paperwork and other items from your spouse, just as you would for any other employee.  You will need to keep a record tracking hours your spouse worked and a description of your spouse’s duties.  You will need to pay reasonable compensation for those duties on a regular payroll schedule.  The household account and the business account must be separate so that paychecks and reimbursed medical expenses won’t be deposited back into the account they came out of.  Your spouse/employee will need to be the policy holder.  Finally you will need the Section 105 plan documents. 

In order for a Section 105 plan to work there are a lot of rules that must be followed, which is why Art and Business Consulting LLC recommends you get help if you think your business might qualify for a one.  Section 105 plans are really outside Art and Business Consulting LLC’s bailiwick, although we could certainly advise you on the related tax issues.  So we have found someone who does do Section 105 plans.

Art and Business Consulting LLC is not affiliated with the following entity, Total Administrative Service Corporation (TASC), but we did meet with Todd Kuehn, Regional Sales Director-Scottsdale Region Office TASC  at an Arizona Society of Enrolled Agents event.  TASC’s bailiwick does include Section 105 Plans; they are a third-party benefits administrator based out of Madison, Wisconsin, can simplify compliance and the administrative procedures associated with Section 105. According to their website, TASC has been doing just that for over 30 years with BizPlan. They even offer a savings guarantee and a full Audit Guarantee!

For more information see http://www.tasconline.com/buytasc/affiliate/bizplan/460163769708.  Please note if you click on this link you will be navigating away from our website; you will be subject to their policies and we have no idea what those policies are. Art and Business Consulting LLC has not received any gifts or other compensation for mentioning these folks, and we are not specifically endorsing them. 

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.

Ethics, Decision Making, BP and Taxes

Wednesday, June 9th, 2010

What is Ethics?

Ethics is conventionally defined as a system of moral principles governing the appropriate conduct for a person or group.  But this definition is kind of vague as it doesn’t really address application in real life.  How does one arrive at personal governing principals, and why?  That is the question of ethics in a nutshell. 

Realize ethics operates in context.  In any given situation, even if you are living in a cave by yourself, you will have interactions with your environment.  What do you eat? What resources do you use and how do you manage them?   What do you do with your waste? Add another person to the mix and you have to worry about their rights, feelings and the social context as well.  Make one or more wrong decisions and you will find yourself freezing, alone, in the dark, up to your eyes in your own excrement with nothing to eat.

What Ethics is not. What Ethics Is.

Ethics cannot be equated with feelings, laws, religion or even societal norms; it is easy to find cases where ethical conduct is not necessarily equated these things.  Consider that a person enjoys driving a car very fast; if this driver decides to race through a neighborhood it may feel good, but it makes this unethical driver very dangerous to all those around him or her.  As for following the law, slavery was a part of US law, but clearly slavery deviates from ethical norms as well. If ethics were a matter of religion, then only religious people could be ethical, but ethics must apply to all people of all faiths and to people who are not religious at all. Finally if society itself drove ethics then we would merely have to poll the entire society to find out what was right, and then do that, but entire societies can be corrupt as in the case of Hitler’s Third Reich; blindly following the pack does not make for ethical decisions either. 

Since we can’t rely on the law, our feelings, religion or society to tell us what ethics is we must find a well-reasoned basis for defining what is right and what is wrong. Right and wrong involves not only introspection, but also evaluating our relationship with our environment via perceived rights, obligations, benefits to society, fairness and other virtues.  For example there are ethical standards not to rape, steal, murder, assault, slander and defraud.  Ethical standards embrace certain virtues of honesty, compassion and loyalty.  Furthermore ethical standards include standards relating to rights, such as the right to life, the right to freedom from injury and the right to privacy.  Such standards are standards of ethics because they are supported by well-founded reasoning. Furthermore, we need to keep evaluating our positions with respect to right and wrong as we garner more information through our personal experiences.

Ethics is the cornerstone to making good decisions.

One cannot legislate morality or intelligence, but ethics attempts to address both of these things on a personal level.  Ethics supports good decision making.  When making a decision one should not only consider the consequences and utility of a decision, but also others’ rights, whether a decision is fair and just, and whether it serves the common good or not. 

Ethics and decision making in the BP Disaster

Clearly BP considered the utility of their decision.  They are a company who has an obligation to its shareholders to use their money wisely.  Drilling where they did seems like it was a good idea; it appears there is a lot of oil there.  They knew they were drilling in a dangerous place and they had been handed down rigorous standards to deal with the dangers of that situation.   They knew the consequences would be dire if they failed.  So why did they fail? 

I confess I know nothing of about oil-well drilling in the deep ocean, and my opinion rests on the conclusions of experts describing what went wrong. If the conclusions of these witnesses and experts ultimately prove to be true, then, in my opinion, this disaster occurred because the people empowered to make decisions did not make ethical decisions.  They were working in a dangerous place; they compounded the situation by being making stupid decisions to save a little bit of money. They apparently did not adequately incorporate all of the information at hand and ignored the very real consequences of a failure; they apparently did not consider the rights of those who would be injured by their decision. Had they made ethical decisions, this disaster might not have happened. 

Decisions based on hubris, greed and the avoidance of unpleasant emotions are completely understandable human failings.  That is why it is vital for the people at the top of the decision making trees, especially those who can impact the lives and livelihoods of so many others, to make ethical decisions.

Ethics, Taxes & the Individual Taxpayer & Small Business Owner

I am sure as you are reading this you are thinking,” I am not British Petroleum.  If I decide to cut a corner or bend a tax law for financial reasons, I am not going to precipitate a national disaster; I am not hurting anyone one.”  We disagree. 

Every time an employer collects his employees’ payroll taxes and does not send them into the government, that employer is stealing from that employee-it’s was not the employer’s money to begin with.  It’s not only unfair, it’s thievery.  Furthermore this employer is stealing from every taxpayer who does follow the rules, because it falls on those who do pay into the system to cover the shortfall.  A company that does not pay into the unemployment system is stealing from every employer who does pay as those paying into the system cover the short fall and pay higher taxes as a result.  A tax payer who cheats on their taxes is stealing from every taxpayer who does pay what they owe.  

A single drop of water raises the sea; a large enough number of individuals not paying their fair share do make a difference to the rest of us.  It is neither fair nor just for a single taxpayer to expect everyone else to cover their obligations. Theft does not serve the greater good.  Bilking the system is dishonest.  Failure to deposit payroll taxes is a heartless act; the government may make an employee pay taxes they already paid once again. 

Failure to pay taxes is also short-sighted.  There are very real punishments associated with defrauding the government and failing to pay taxes: Penalties, interest, potential seizure of assets, garnishment of wages & bank accounts, and even jail time.  From a risk-reward assessment, saving a few bucks here and there can cost big later on, not to mention the costs of hiring professionals to deal with the problem once the IRS catches on. 

A business owner is a person in a position of leadership.  How a business owner behaves does influence the behavior of their employees and vendors.  If the business owner thinks it is okay not to pay taxes, then their employees may think stealing from the boss is okay too. 

In conclusion, being a tax cheat does not even serve vested-self interest over the long haul. 

Whereas we at Art & Business Consulting, LLC can help you get back every dime in taxes you are entitled to and can assist you in resolving your tax problems, we are kind of like an executive at the top of a decision making tree.  We are obligated to serve not only our clients, but our society as a whole. We must make ethical decisions.  As always Art and Business Consulting is here to help.  If you find yourself in an ethical quandary, or need help with another 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, 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.

Gear up for expanded 1099 information reporting starting for tax year 2011.

Saturday, June 5th, 2010

7/13/2010 Update:  The 1099 reporting of payment of over $600/year to corporations will only apply to cash, check or barter according to the IRS It may be time to institute a policy of paying corporations via credit or debit card.  This comes about because starting next year credit card processors will be required to report total annual credit card transactions to the IRS via 1099-K; the IRS will be able to compare a corporations gross receipts with the report from the credit card processor. 

As part of the Patient Protection and Affordable Care Act signed into law March 23, 2010, by President Obama, businesses will be required to report payment of over $600 per year of goods or services made to anyone, including corporations, except for entities exempt under 501 (a), which are charities and the like.  Section 9006 of the Act amended Section 6041 of the Internal Revenue service code-go ahead, look it up.  This change in information reporting has been discussed for a long time as a means of tracking down more tax cheats, but until now congress had not acted upon it. 

The requirement for information reporting starts in 2012.  This start date suggests that means your business will need to be gathering reporting information in 2011, so it can be reported on 2012 1099s. 

The law represents a considerable expansion of information reporting via 1099-MISC; in the past corporations were generally excluded from information reporting; only payment for services (and goods paid for incident to the service) over $600 per year, and goods over of $5000 per year need to be reported. 

The IRS uses 1099 information for income matching ,which helps them identify businesses that are under reporting of income and not paying all of their taxes.  Yes, even your business is compelled to be an agent of the IRS under certain circumstances. 

So what do you need to do now?  Start getting w-9s from everybody including corporations: you must have a current address and valid Tax Payer Identification Numbers (EIN or SSN) for any vendor you routinely pay more than $600 per year for goods or services-starting in 2011.  A Form w-9 is the recommended method for obtaining this information; it is available in PDF format from the IRS.gov website (pdfs can be printed out using adobe acrobat reader which can be downloaded for free from the adobe.com website).  Art and Business Consulting LLC and its owners and employees are not affiliated with IRS or Adobe

Be sure your accounting program lists purchases by vendor and amount paid as you will also need this information to properly prepare the 1099s in 2012.  Look at the length of your vendor list, and you will see this project is not one to be undertaken at the last minute. If you are like most businesses you probably have only been reporting a very small portion of that list.  It’s going to take a while as some vendors will be reluctant to supply the information when asked.  In 2011 you will have no choice, you will be required to gather this information. 

What do I do if a business does not voluntarily supply the W-9 information when asked?  Your business is supposed to do backup withholding of 28%, meaning you are supposed to keep 28% of what you otherwise would have given to them in payment and give it to the government instead.  The threat of back-up withholding is usually enough to ensure cooperation on the part of the entity completing the W-9.  There is a $50 per vendor per year fine for failure to 1099.  The fine may be waived if it is not shown to be from willful neglect.  Since the new information reporting requirement will be for the tax year 2011 do not do backup withholding on noncompliant corporations until then. 

What if I don’t’ want issue the 1099s?  In addition to the $50 fine per occurrence for failure to obtain a W-9 (see Form W-9 page 2), the government comes back to you for all the other business’s taxes; this is called Willful Disregard by the IRS and they take a dim view of it.  So you get to pay the other guys taxes and yours.  Very generous.  So either issue the 1099′s and deduct what you paid them, or don’t deduct what you paid and don’t issue the 1099′s.  Matters not to your bookkeeper or accountant, you pick.  How many people’s taxes are you willing to pay?

As always Art and Business Consulting is here to help.  If you need help with this issue another 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, 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.