Posts Tagged ‘penalties’

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.

Restaurants, Form 8027 & Tips Reporting For Employers & Employees

Friday, May 21st, 2010

An independent contractor suggested that although the IRS receives about 50,000 Form 8027’s in a given year it should be receiving around 3 times that amount.  As a result, the IRS will focus exams on firms that failed to file form 8027.

What is Form 8027? It’s the Employer’s Annual Information Return of Tip Income and Allocated Tips.  It’s required of employers who operate large food or beverage establishments.  If more than one establishment operates under 1 roof each establishment must provide a Form 8027 if receipts are recorded separately, and file form 8027-T, Transmittal of Employer’s Annual Information Return of Tip Income and Allocated Tips as well along with the form 8027.

What is a large food or beverage establishment?

  • It serves food or beverages to be consumed on the premises.
  • Tipping is customary
  • More than 10 employees, who worked more than 80 hours, were typically employed on the premises in a typical business day.  The number of employees includes those who are not necessarily tipped, such as bussers, cooks, kitchen staff, wine stewards, seat persons etc.  but it does not include a person who owns 50% or more of the stock in a corporation while working in the business.

The Instructions for Form 8027 includes a worksheet to determine if Form 8027 is required.  You will take ½ the average of the number of hours worked/per day in the month with the greatest gross receipts and add it to ½ the average of the number of hours worked/per day in the month with the lowest gross receipts.  If this number s more than 80 hours then your firm is required to file Form 8027.

If business is a new business, and has more than 10 employees who worked more than 80 hours that were typically employed on the premises in a typical business day for 2 consecutive months, the business will be required to file form 8027 covering the remainder of the year starting with the next pay period after they meet the requirement.

Businesses not required to file form 8027:

  • Establishments that operated less than 1 month during the year.
  • Establishments where tipping is not customary such as fast food where 95% of the sales are carryout or cafeterias with a 10% or more service charge.

Forms 8027 are due on March first of the following year, or March 31 if filed electronically.  An extension of time to file is requested using form 8809, Application of Extension of Time to File Information Returns, and can be filed no later than March 1.  There are penalties for failure to file unless the firm can show reasonable cause for the delay.

You will be reporting Gross Receipts.  You may have Non-allocable Receipts for carryout and items for with a 10% or more service charge that are not included in Gross Receipts.  Complimentary Items for which tipping is customary must be included in the Gross Receipts; e.g. drinks at a casino, tipping is customary – include them in Gross Receipts, fruit basket in hotel room, tipping is not customary – do not include them in Gross Receipts.   You must allocate tips among employees if total tips reported to you during any payroll period are less than 8% (or the approved lower rate; the burden of proof for a lower rate rests with the petitioning employer). Employers-you need employees to report tips to you. When you allocated tips you must include the allocated tips on the employee’s W-2, which is due to the employee by January 31 of the year following.  The instructions for Form 8027 provide specific instructions for completing the form.

Tips Reporting-Employees

  • The employee must report ALL tips if the employee receives more than $20 per month in tips. The employee may have heard all they need to do is report tips equal to 8% of sales, or 10%, or just charge-card tips. That’s a big myth, and could get the employee in legal trouble if they earn more.
  • Employees should keep a daily tip diary, so they have a record to show to the IRS to prove earnings.
  • Employees need to report tips to their employers if they earn more than $20/month.  They must report these tips by the 10th day of the month following.  The employer can require reporting more often….
  • The employer needs to know this tip income so they can properly withhold Social Security, Medicare and other payroll taxes from the employee’s paychecks.
  • Failing to report tip income can resulting in penalties, interest, a big bill for the unpaid FICA taxes and possible jail time.
  • Sometimes the employee owes more payroll taxes than the wages on their paycheck will cover.  The employee may either pay their employer money out of their tips to cover the unpaid Social Security Taxes avoiding underpayment of estimate tax penalties, OR they may pay estimated taxes. The employee also may need to set aside some money to cover their taxes come tax time.

Tips Reporting-Employers

  • Employers are required to gather tip reports from their employees.
  • The employer is required to pay the employer’s share of taxes on employee tips, and withhold all payroll taxes for tips and wages, from the wages actually paid to the employee.
  • Some employers must file form 8027 and allocate tips.
  • Sometimes the employee owes more payroll taxes than the wages on their paycheck will cover.  In this case the government requires the employer to pay withholding taxes in a certain order. The employer needs to report Uncollected Social Security Taxes on the employee’s w-2.

Are you required to file Form 8027? Are you properly recording and withholding taxes for employee tips?  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.

Correcting Employment Tax Errors Without Penalty or Interest

Sunday, February 14th, 2010

Employment tax forms are corrected by filing a 941-X.  The due date of the amended tax return is the same as the due date of the quarter in which the error was discovered.

e.g.  L-corporation discovers in February that it under-reported and under-paid employment taxes for the 4th quarter of the preceding year.  Since the error was discovered in February the amended return and tax is not due until April 30th.

However, Interest will be charged if you do not file the amended tax return AND pay the taxes by the due date.

NOTE: If you do not pay the taxes before the IRS asks for them, interest will be charged, therefore it is to your company’s advantage to report the error and pay the taxes when the mistake is discovered.

If you need help with this issue or any other, remember, small business services and taxation are our business.  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.  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 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.