By Paul McCormackBusinesses must understand the compliance trends with the potential to shape 2021.In a matter of months, COVID-19 upended the business world and forced organizations to make seismic shifts in their daily operations. While most executives hope the next year will bring better fortune, businesses can’t lose sight of emerging compliance trends with the potential to shift the operating environment in 2021. How will the legal and compliance landscape evolve, and what can businesses do to anticipate those changes? Two legal experts at ADP — Stacy Williams, Senior Counsel, Global Compliance and Ellen Feeney, Vice President, Counsel — identified four trends to watch in 2021. 1. Change in the workplace accelerates “COVID accelerated some of the changes we were starting to see pre-COVID, including working from home and the growth and evolution of the gig economy,” says Williams. She points to the passing of California’s Proposition 22, which created a hybrid worker status between employee and independent contractor, as an example of how the landscape changed in 2020. While Williams acknowledges that there is promising news regarding a vaccine for COVID-19, she predicts that it might take up to six months for it to become widely available. Even then, employers will face some challenging questions. “Employers are going to have to grapple with employees who balk at getting the vaccine. Can an employer require it?” asks Williams. She notes that employers will also need to accommodate religious beliefs and health conditions that may affect employees’ ability to get the vaccine. With respect to working from home, Feeney recommends that employers pay close attention to the guidance from local, state and federal officials. “Look to that guidance to figure out the appropriate return-to-office strategy and how to keep employees safe and productive,” she says. 2. Employee leave programs may accelerate While making it safe for employees to enter the workplace is an important goal for many employers, providing employees with time off to recover from such a trying year is also an important consideration. Also, as COVID-19 lingers, some employees will continue to need to take time off to take care of themselves and their family members. “Being proactive in this environment means being nimble and recognizing you’re dealing with a very fluid situation. Business leaders have to recognize that good compliance is good for business. You’re not just trying to check the box.” – Ellen Feeney, Vice President, Counsel, ADP In 2020, Congress passed the Families First Coronavirus Response Act (FFCRA) that required employers with fewer than 500 employees to provide specified paid sick and family leave to employees affected by COVID-19 and provided affected employers with a corresponding employment tax credit. The mandatory leave portion of the FFCRA sunset on December 31, 2020. The Consolidated Appropriations Act, 2021 extended the 100 percent tax credit for voluntary payments through March 31, 2021 for employers with 500 or fewer employees that choose to provide paid sick or paid family leave payments, subject to the limits established by the FFCRA. Before the pandemic and throughout its duration, some local and state governments have established paid leave provisions, and, we will likely see even more paid leave programs that allow employees to step away from their work commitments. In response to COVID-19, some jurisdictions have enacted entirely new paid sick leave laws, some existing laws have been amended, and there also has been some general guidance issued regarding how existing paid sick leave law applies in light of COVID-19. 3. US legal and compliance shifts With the change of presidential administration beginning in 2021, employers should expect some very substantial policy changes. The next administration will be very active, and employers will see a shift in some of the policies championed by the outgoing administration. Every change in administration generally brings policy changes and different areas of focus. One of the main areas of focus for the Biden administration is COVID-19 and economic recovery so expect new stimulus measures and new CDC and OSHA guidance concerning workplace safety. As a specific example, the DOL recently issued a final rule on the test for determining who is an independent contractor and who is an employee under the FLSA that is set to take effect on March 8, 2021. With the new administration, this rule may be delayed, modified or abandoned. There will be more regulatory activity related to the workplace, such as increased efforts to improve pay equity. The changes to the EEO-1 report to include pay data for the 2017 and 2018 reporting years are expected to be revisited and possibly reinstated by the Biden administration. “We expect to see a pivot to be more in line with Obama administration priorities and policies but not necessarily a replica of the Obama era,” says Feeney. She notes that the extent of the changes under the new administration and what is possible legislatively depends on the Georgia Senate run-off race, as control of the Senate has enormous implications for the legal and compliance environment businesses will face. However, businesses cannot overlook changes in the compliance and legal landscape from beyond Washington. “Even if we continue to see legislative gridlock on the federal level, state and local governments will continue to be active. We would definitely expect to see that continue or even accelerate,” says Feeney. 4. Work from home complicates compliance overseas With millions of employees working from home, achieving compliance with laws and regulations overseas — particularly those that limit working hours — will require careful consideration. For example, in France and Spain, there is the “right of disconnection,” which enables employees to disconnect from their employers’ technology after normal work hours. With employees working from home, adhering to this policy requires walking a fine line between achieving compliance and not alienating employees for leaving the virtual office when they deem appropriate. “Since employees are working remotely, they may move their physical location, and that may create problems related to taxes and compliance with local laws,” says Williams. To that end, employers might want to create policies requiring employees to receive permission before they relocate across borders, or at least notify their employer of their intent to do so. Compliance will always matter While much remains unknown about the 2021 operating environment, businesses cannot wait for a clearer picture of compliance demands to present itself. Instead, they must continue to evolve their policies and give their employees as much advance notice as possible about changes that could affect how and where they work. Compliance starts at the local level and requires subject matter experts with knowledge of the compliance landscape and how it might evolve. “Being proactive in this environment means being nimble, and recognizing you’re dealing with a very fluid situation,” says Feeney. “Business leaders have to recognize that good compliance is good for business. You’re not just trying to check the box.” While it’s difficult to predict the future, organizations that account for current and emerging compliance trends can better position themselves to meet tomorrow’s challenges head on. This story originally published on SPARK, a blog designed for you and your people by ADP®. Learn more about how ADP’s small business expertise and easy-to-use tools can simplify payroll & HR at adp.com.
Monthly Archives: January 2021
Obscure and Overlooked Tax Deductions, Credits, and Benefits
Article Highlights:
State Income Tax Refund
Social Security Taxes Deduction
NOL Carryback
Charitable Contribution Deduction for Non-Itemizers
PPP Loan Expenses
Military Reservist Travel Expenses
Child’s Private School Expenses
Student-Loan Interest
Extended Tax Benefits
Gambling Losses
Live in a State without a State Income Tax?
Spousal IRA
Economic Impact Payment
Economic Impact Payment Document
Reinvested Dividends
Worthless Stock
Lifetime Learning Credit
Charity Volunteer Tax Breaks
Self-Employed Travel Expenses
Self-Employed Health Insurance Deduction
Summer Camp
Medical Dependent
Income in Respect of a Decedent (IRD)
As tax time approaches, here are some tax issues that taxpayers frequently overlook, ranging from obscure deductions to overlooked tax credits and benefits. Of course, not everything can be included since the tax law has grown significantly in complexity, and it would take a thick book to list everything. But besides what you are probably accustomed to, here are over 20 issues you may not be aware of and that can save you tax dollars. State Income Tax Refund – For those who took the standard deduction on their 2019 federal return, your state income tax refund received in 2020 is not taxable income. If you itemized your deductions, then the state tax was a federal tax deduction, and to the extent you received a tax benefit from the deduction, the state tax refund you received in 2020 is federally taxable. However, in many cases, the entire refund will be tax-free if you were subject to the alternative minimum tax (AMT) for 2019, the deductible amount was reduced by the $10,000 limit on tax deductions, or part of the deduction pushed your deductions over the standard deduction threshold. Although the Form 1099-G shows the entire amount of the refund, not all of it may be taxable, so you do not want to report more than necessary. If you owed state income tax on your 2019 return and paid that tax during 2020, then that tax payment can be added to your state tax deduction for 2020, subject to the $10,000 limit for state and local taxes. Social Security Taxes Deduction – If you are self-employed, you can deduct half of the self-employment tax (Social Security and Medicare tax) that you are liable for on your 2020 net profits. You don’t have to itemize on a Schedule A to take the deduction because it is an adjustment to income. NOL Carryback – The year 2020 has been challenging for many businesses, especially those that were subjected to COVID-19 closure orders and ended up with a tax loss for the year. However, the CARES Act does allow a 5-year carryback period in which to use the loss (known as a net operating loss) for business owners who cannot utilize the full loss in 2020. This is done by amending prior returns to recover the taxes paid in the earlier year(s). First, the 2015 return is amended, and if not all of the loss is used on that return, then the 2016 return is amended, and so on. Charitable Contribution Deduction for Non-Itemizers – For the first time ever, taxpayers can claim a cash charitable contribution without itemizing their deductions on Schedule A. Non-itemizers can deduct up to $300 in cash contributions per tax return. Unfortunately, the $300 limit – and not $600 – also applies to married taxpayers filing jointly. So, hold onto those receipts to substantiate the contributions. PPP Loan Expenses – Don’t forget that the COVID-Related Tax Relief Act passed late in December 2020 confirmed that business expenses paid for with proceeds from a forgiven PPP loan continue to be deductible on the business schedule. However, this may not be true for state taxes. Military Reservist Travel Expenses – Armed forces reservists who travel more than 100 miles away from home and stay overnight in connection with service as a member of a reserve component can deduct their travel expenses as an adjustment to gross income (they don’t have to itemize deductions). Unreimbursed expenses for the reservist’s transportation, meals (subject to the 50% limit for 2020), and lodging qualify for the above-the-line deduction, but the deduction is limited to the amount that the federal government pays its employees for travel expenses – i.e., the general federal government per diem rate for lodging, meals, and incidental expenses applicable to the locale as well as the standard mileage rate (57.5 cents per mile for 2020) for car expenses plus parking, ferry fees, and tolls. Child’s Private School Expenses – If your child is attending a private school, the Tax Cuts and Jobs Act allows up to $10,000 per year of Sec. 529 college savings plan funds to be used to pay tuition for kindergarten through grade 12. However, tapping your college savings plan for these expenses may be detrimental to your overall long-term savings plan to pay for college tuition. Student-Loan Interest – If parents pay back a non-dependent child’s student loans, the IRS treats the transactions as if the money were a gift to the child and the child made the payment. Thus, the child is deemed as having paid any interest included in the payment and can deduct it as student-loan interest, which is deductible without having to itemize deductions, up to the annual limit of $2,500. Extended Tax Benefits – A number of tax benefits that had expired at the end of 2019 were extended, without much fanfare, and are still available in 2020. In case you missed any of them, they include the following:
A tax credit of up to $500 for installing energy-efficient improvements in your home, including exterior windows and skylights, exterior doors, metal roofs with appropriately pigmented coatings, asphalt roofing with appropriate cooling granules, energy-efficient heating and air-conditioning systems, insulation materials, or systems designed to reduce heat loss or gain. The $500 limit is a lifetime limit, so if you’ve taken this credit in the past, you need to take into account the amount of credit you claimed previously.
A tax credit of up to $2,500 for purchasing a qualifying electric motorcycle.
A deduction for mortgage insurance premiums on a loan used to purchase the home (acquisition debt).
Forgiveness of qualified cancellation of debt income on a principal residence.
Tax credits for fuel-cell vehicles and alternative-fuel-refueling property.
Gambling Losses – Gambling losses up to the extent of one’s gambling winnings are allowed as a deduction and can help to offset gambling winnings, provided the taxpayer itemizes deductions. Live in a State Without a State Income Tax? – If you live in Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, or Wyoming, these states do not have an income tax. Because you can choose to deduct either state income tax or sales tax, if you itemize your deductions, your only choice will be sales tax. The sales tax that can be deducted is the actual amount paid during the year, which can be determined by the larger of the following: (1) Actual receipts for purchases OR (2) The amount from the IRS’s income-based table PLUS sales tax paid when purchasing motor vehicles, boats, and other items specified by the IRS. Spousal IRA – If one spouse works and the other does not, the tax law allows the non-working spouse to base his or her contribution to an IRA on the working spouse’s income. This tax benefit is frequently overlooked when spouses have been working for years and basing their individual contributions on their own income, and then one of the spouses retires. Even if the working spouse has a pension plan at work and his or her income precludes making a deductible IRA contribution, the non-working retired spouse may still make a contribution based on the working spouse’s income. Spousal contributions can also be made to Roth IRAs if the spouses’ joint income does not exceed IRS limits. As of 2020, the law was changed so that there is no longer an age limitation for making contributions to IRAs. Economic Impact Payment – If you qualified for an economic recovery payment, in either the first or the second round, and did not receive the amount you were entitled to, you can claim the underpayment on your 2020 tax return as a tax credit. Economic Impact Payment Document – If you received an economic impact payment, you should have received a Notice 1444, which documents the payment you actually received. The IRS has requested that taxpayers keep this form with all other important tax records, including W-2s from employers, 1099s from banks and other payers, and other income documents and records, to support their tax deductions. Reinvested Dividends – If you are invested in a mutual fund, you are probably reinvesting the annual dividends. Reinvested dividends add to the basis of your investment, and when you sell the mutual fund, having a higher basis will reduce the gain. Mutual funds are required to track your basis for mutual fund shares purchased after 2012. Some even track the basis and reinvested dividends going further back. However, some do not, and it would be your responsibility to track the reinvested dividends so that you get the benefit of all reinvested dividends when you sell. Worthless Stock – If you are like most investors, you occasionally will pick a loser that declines in value. Sometimes, a security can even become totally worthless when the issuing company goes out of business. Whatever you do, don’t wait until it’s too late to claim your loss. If the IRS challenges the loss and the security is found to have become worthless in an earlier year, then the current year’s loss will be denied. Lifetime Learning Credit – The American Opportunity Credit (AOTC) is the education credit most familiar to taxpayers because it is available for the first four years of post-secondary education and provides a higher credit. It also requires the student to attend the college or university on at least a half-time basis and to pursue a program leading to a degree or other recognized educational credential. On the other hand, the Lifetime Learning Credit (LLC) is available for all years of post-secondary education and for courses to acquire or improve job skills. The student doesn’t need to be pursuing a program leading to a degree or other recognized education credential, and it is available for one or more courses. Many individuals who do not qualify for the AOTC overlook the LLC. Charity Volunteer Tax Breaks – If you volunteered your time for a charity or governmental entity during the COVID-19 pandemic, then you probably qualify for some tax breaks. These rules actually apply to all charity volunteers, not just COVID-19 volunteers. Although no tax deduction is allowed for the value of services performed for a qualified charity or a federal, state, or local governmental agency, some deductions are permitted for out-of-pocket costs incurred while performing the services, such as away-from-home travel, lodging, and meals; automobile travel; and uniforms. Self-Employed Travel Expenses – If you are self-employed and travel for business, don’t overlook highway tolls, porter fees, airline baggage fees, tips, taxi fares, Uber fees, car rentals, laundry, cleaning, or other incidentals while away, in addition to the normal meal, lodging, and transportation expenses. Self-Employed Health Insurance Deduction – A self-employed individual (or a partner or a more-than-2%-shareholder of an S corporation) can generally deduct, as an above-the-line expense, 100% of the amount paid during the tax year for medical insurance on behalf of themselves, their spouse, and their dependents limited to the self-employed taxpayer’s net income from self-employment. However, no deduction is allowed for any month when the self-employed individual is eligible to participate in a subsidized health plan maintained by an employer of the taxpayer, the taxpayer’s spouse, any dependent, or any child of the taxpayer who hasn’t attained age 27 as of the end of the tax year. The term “subsidized” means that the employer pays at least 50% of the coverage’s cost. The health insurance premiums claimed as an above-the-line self-employed health insurance expense cannot also be claimed as a Schedule A medical expense. Summer Camp – If you are single and working, or married and both you and your spouse work, you may not realize that the costs of day camp during the summer generally count as expenses toward the child and dependent care credit allowing you to work. A day camp or similar program may qualify even if the camp specializes in a particular activity, such as soccer or computers. The credit ranges from 20% to 35% of the day camp’s cost, not exceeding $3,000 for one child or $6,000 for two or more. Overnight camps do not count. Medical Dependent – You may not realize that if you itemize your deductions, you can deduct medical expenses paid for certain individuals who are not your dependents. One such situation involves divorced parents, in which the non-custodial parent can deduct medical expenses they pay for their child, even when the other parent claims the child as a dependent. Another situation, which we refer to as a medical dependent, involves paying the expenses for someone who would qualify as your dependent except that their gross income is too much, which disqualifies them. For 2020, the gross income limitation is $4,300.
Example – The taxpayers’ adult son was seriously injured in a motorcycle accident and did not have medical insurance. His parents paid all of his medical expenses for the year. Their son meets all of the dependent qualifications, except that his gross income of $20,000 is too much, which disqualifies him. However, under the exception, they can still include his medical expenses on their 1040 Schedule A.
Income in Respect of a Decedent (IRD) – One of the most overlooked tax deductions is what is referred to as the IRD deduction. IRD is the acronym for income in respect of a decedent. IRD income is income that is taxable to the decedent’s estate and also taxable to the estate’s beneficiaries. Thus, it is double taxed; as a result, the beneficiaries generally receive a deduction equal to the difference between the decedent’s estate tax figured with and without the taxed income. Beneficiaries will only have this deduction if the decedent’s estate was large enough to be subject to the estate tax. If you have questions about how these or other tax issues apply to your particular tax circumstances, please give this office a call.
Should You Charge Late Fees? QuickBooks Can Help
Have your customers been submitting payments later than usual these last several months? It wouldn’t be surprising. Many businesses are struggling to pay bills these days. Still, you need to get paid – and on time. Tardy receivables have a negative impact on your own cash flow. We’ve discussed ways to encourage prompt payment in past columns. For example, you can start accepting credit/debit cards and direct bank transfers, make sure invoices go out immediately after a sale, or offer a premium like a small one-time discount for paying on time 12 months in a row to name a few. You can also assess finance charges on remittances that come in after the due date. QuickBooks provides the tools to allow this. Setting It Up Before you start charging extra for late payments, you’ll need to do some setup work in QuickBooks. Open the Edit menu and select Preferences, then Finance Charge. Click the Company Preferences tab. You’ll see a window like this:
You can set your own preferences for assessing finance charges in QuickBooks.
You’ll have to answer these questions and enter your responses in the window: What will your Annual Interest Rate (%) be? What will you set as a Minimum Finance Charge? Will you allow a Grace Period? This is the number of days given to your customers to make their payments after the due date before finance charges kick in. This is typically from 15-21 days. Where should captured finance charges go? In this example, the Finance Charge Account has been assigned to Other Income. Do you want to Assess finance charges on overdue finance charges? Some jurisdictions don’t allow you to charge interest on overdue interest charges. If you want to do this, check on your local lending laws – specifically state usury laws which may limit the amounts that can be charged. When will you start to Calculate charges? In this example, the due date is selected. So, QuickBooks will start to add finance charges 21 days after the stated due date. If you choose invoice/billed date, you’ll want to make your grace period longer. This can be rather a confusing concept. Contact us if you want a deeper explanation. Assessing Finance Charges There’s one more issue on the Preferences screen that you’ll need to resolve. QuickBooks offers two ways to notify customers about finance charges. You can’t include them on invoices, like you may be used to seeing on credit card bills. Rather, you have to print separate invoices that only contain the finance charges. If you put a check in the box in front of Mark finance charge invoices ‘To be printed,’ you can print them out separately. If you leave the box blank, the finance charges will appear on the customer’s next statement. Click OK when you’re done with this window.
QuickBooks can find the overdue invoices that need to have finance charges applied and display them in a window like this one.
Open the Customers menu and select Assess Finance Charges. A window like the one in the image above will open. Make sure that the Assessment Date is the actual date you want to assess charges, which may not be the current date. Click in the Assess column to create a checkmark for every customer you want to charge. When you’re done, click Assess Charges. When you’re ready to print finance charge invoices, open the File menu and select Print Forms | Invoices to open a window like this:
Invoices with an FC preceding the number are finance charge invoices ready for printing.
Lots to Learn Besides knowing whether you can charge finance charges on existing finance charges, there are other considerations. For example, do your state’s lending laws allow you to use the phrase ‘finance charge’ or must you use something like ‘late fee?’ When should you assess finance charges? Have you notified your customers of your intent to begin assessing finance charges? This is definitely something they should know in advance. You might need to add this to your customer message on invoices. We can’t tell you whether finances charges are the path you should take to improve your cash flow as there are many issues to consider. But we can help you with the mechanics of doing so and are here to answer any questions. Let us know if you want to get started using this tool, we can help.
IRS Offers New Identity Protection for Taxpayers
Article Highlights:
IP PIN
Identity Verification
Opt-in Program
Application Process
In the past, the IRS has assigned verification numbers to victims of identity theft to file their tax returns, if requested by the victimized individual. These numbers are referred to as identity protection (IP) PINs. The IP PIN is a six-digit code known only to the taxpayer and the IRS. It helps prevent identity thieves from filing fraudulent tax returns using a taxpayer’s personally identifiable information. The IP PIN serves as the key to an individual’s tax account. Electronically filed returns that do not contain the correct IP PIN will be rejected, and paper returns will go through additional scrutiny for fraud. The IRS launched the IP PIN program nearly a decade ago to protect confirmed identity theft victims from ongoing tax-related fraud. In recent years, the IRS has expanded the program to specific states where taxpayers can opt into the IP PIN program. Now, the voluntary program is going nationwide. Key things you should know about the IP PIN opt-in program:
The program is voluntary.
You must pass a rigorous identity verification process before IRS will issue you an IP PIN.
Spouses and dependents are eligible for an IP PIN if they can verify their identities.
An IP PIN is valid for a calendar year, and a new IP PIN must be obtained each year.
The online tool to apply for IP PINs is offline between November and mid-January each year.
Correct IP PINs must be entered on electronic and paper tax returns to avoid rejections and delays.
Never share your IP PIN with anyone but your trusted tax professional. The IRS will never call, text or email requesting your IP PIN. Beware of scams to steal your IP PIN.
There currently is no opt-out option, but the IRS is working on one for 2022.
If you want an IP PIN for 2021, go to IRS.gov/IPPIN and use the Get an IP PIN tool. This online process will require that you verify your identity using the Secure Access authentication process if you do not already have an IRS account. See IRS.gov/SecureAccess for what information you need to be successful. There is no need to file a Form 14039 (Identity Theft Affidavit) to opt into the program. After you have authenticated your identity, a 2021 IP PIN will immediately be revealed. Once in the program, this PIN must be used when prompted for electronic tax returns or entered by hand near the signature line on paper tax returns. All taxpayers are encouraged to first use the online IP PIN tool to obtain their IP PIN. Taxpayers who cannot verify their identities online have options, as explained next.Taxpayers whose adjusted gross income is $72,000 or less may complete Form 15227, Application for an Identity Protection Personal Identification Number, and mail or fax it to the IRS. An IRS customer service representative will contact the taxpayer and verify their identity by phone. Taxpayers should have their prior year’s tax return at hand for the verification process. Taxpayers who verify their identities through this process will have an IP PIN mailed to them the following tax year. This is for security reasons. Once in the program, the IP PIN will be mailed to these taxpayers each year. Taxpayers who cannot verify their identities online or by phone and who are ineligible to file Form 15227 can contact the IRS and make an appointment at a Taxpayer Assistance Center to verify their identities in person. Taxpayers should bring two forms of identification, including one government-issued picture identification. Taxpayers who verify their identities through the in-person process will have an IP PIN mailed to them within three weeks. Once in the program, an IP PIN will be mailed to these taxpayers each year. Taxpayers who are confirmed identity theft victims or who have filed an identity theft affidavit because of suspected stolen-identity refund fraud will automatically receive an IP PIN via mail once their cases are resolved. Current tax-related identity theft victims who have been receiving IP PINs via mail will experience no change. If you have questions related to the IP PIN program, please call.
Beware: These Tax Return Red Flags Could Catch the Eye of the IRS
Tax time can be one of the most hated times of the year. Just preparing the forms is enough to be an irritant, and if you owe the government money there’s a good chance that you’re downright annoyed. But neither of those things compare to the feeling that accompanies an envelope bearing an IRS return address, alerting you to the fact that your taxes are about to be audited. The truth is that audits are relatively rare in the United States. As much as people fear them, the IRS reports that between 2010 and 2018 only 0.6% of individual tax returns resulted in an audit. That may make you feel better, but statistically speaking that still means that more than 250,000 taxpayers had to go through the process. In many cases the audit process could have been avoided had the taxpayers simply known what we’re about to spell out for you – that there are specific triggers that send up IRS red flags and frequently lead to an audit process. The red flags include: Disparities Between Information on Tax Forms and Reported Income Whether you’re a W-2 employee or self-employed, the IRS will compare the income information that you report on your tax forms with the W-2 and 1099 forms that are sent by those individuals and entities that have paid you. If the two don’t match, the IRS is going to want to know why. Disparities Between Business Income and Business Expenses Just as the IRS will respond when your tax form income and reported income don’t match, the same is true for businesses that report business expenses that don’t make sense. In some cases, they are looking for people who are trying to take business expense deductions for what is really a hobby rather than a business. Many times these disparities are the result of actual expenses incurred for which income went unreported. Though there is always the chance that the odd numbers are an accident, such as the result of duplication of employee and business expenses, that oversight can lead to the discomfort of an audit, so take the time to double and triple check before filing your tax forms. Outsized Charitable Contributions Our tax system awards charitable contributions with tax deductions, and though that has proven to be a powerful incentive for some, it has also served as a temptation. To counter this, the IRS has created an automated computer program that analyzes nearly every return to identify figures that seem outsized as compared to an individual’s income, as well as other factors that are commonly abused. The system assesses each return based on numerous factors and assigns a DIF, or Discriminate Function, score. If your return exceeds the IRS DIF score threshold, there’s a good chance you’re headed for an audit. Disparities Between Lifestyle Expenses and Reported Income As with other mismatches found on tax returns, the IRS is particularly sensitive to returns in which taxpayers take deductions for expenses reflective of a high income living and yet report income that is much more modest. Paying personal property taxes, real estate taxes and taking mortgage interest deductions for million-dollar lifestyles will raise a red flag if the income you’re reporting is not enough to support it. When You Happen to Hit Right on the Income to Expense Ratio You Need to Qualify for the Earned Income Credit To claim the Earned Income Credit — which can be as high as $6,660 for tax year 2020 — taxpayers’ income has to be below a certain level, and if you’re a business owner whose return includes a Schedule C to prove all offsetting expenses, there is a particular ratio that you need to achieve in order to qualify. In most cases a business will either be somewhere below the ratio or above the ratio: They’ll either qualify for a larger earned income credit or they won’t. If the number hits exactly at the level needed to qualify for the larger credit, the IRS is more likely to ask for a closer look to see if numbers on either side of the equation have been manipulated. Disproportionate Itemized Deductions If you qualify to itemize, then you’re entitled to take deductions for qualifying expenses. But in cases where itemized deductions seem disproportionately high, the IRS is likely to ask some questions. If the expenses are legitimate and you’re able to present documentation, you’ll be fine, but make sure that you hold onto all receipts, as there’s a good chance that you’ll be called in for an audit. One important thing to remember: You may have been able to deduct unreimbursed employee business expenses in the past, but that stopped being true for federal income taxes after tax year 2017. Some states, including California, still permit those deductions on state taxes, so make sure that you maintain receipts for those returns as well. Lapses in Reporting Cryptocurrency Transactions Bitcoin and other virtual currency transactions have led to plenty of tax return headaches, as in the last several years approximately 10,000 taxpayers have failed to report gains or losses on this innovative currency. To address the issue, the IRS has taken to sending taxpayers letters providing a chance to take part in a voluntary disclosure program. The agency is clearly on the watch for and acting upon this particular red flag. In addition, the IRS has added a question to the 1040: “Did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency?” Of course, if you answer no and later it is determined you did, then you have committed perjury since you sign your return under penalty of perjury. Rental Property Expenses that Appear to be Inflated One of the most common reasons for tax returns to be flagged is rental expenses that appear to be inflated. Taxpayers who prepare their own returns and who report deductions for rental income on their Schedule E need to ensure that they fully understand that some deductions are allowed and some need to be capitalized over time, as not knowing which is which could lead to a return being flagged. There are also special and rather complicated rules associated with renting a vacation home, room rentals and short-term rentals. Two People Claiming the Same Dependent It is not at all uncommon for families that split custody of a dependent as a result of separation or divorce to alternate the years in which they claim a dependent, but if mistakes – or fraud – are detected and both are claiming the same individual, that will be sure to trigger an audit. Proving custody will require documentation, including school records and birth certificates. Not Understanding Which Filing Status to Use Though the head of household filing status is extremely useful, it can also be confusing and lead to mistakes when filling out status, and especially regarding how dependents are treated. Though the Tax Cuts and Jobs Act of 2017 was supposed to simplify the tax form process, in this particular area it made things even more complicated by introducing a new $500 credit for ‘qualifying relatives’, which is defined by certain tests that may make people not related to the taxpayer eligible as a dependent while not making the taxpayer eligible for the head of household filing status. Failure to Report Overseas Accounts Whether it generates taxable income or not, if you are a U.S. citizen or U.S. resident with interest in, authority over, or signature authority on foreign financial accounts that exceed $10,000 at any time during the calendar year, you are required to report them to the U.S. Treasury Department under the Bank Secrecy Act. The appropriate form to be filed is the Report of Foreign Bank and Financial Accounts, or FBAR. Failing to disclose these accounts can have significant repercussions and are likely to be discovered as a result of disclosure requirements placed on foreign financial institutions. In Case of Audit The goal of providing this information is to fend off the possibility of red flags ever being raised on your tax filing. However, if one of those envelopes with the IRS return address appears in your mailbox, contact us immediately.
4 Questions Business Owners Should Consider During the 2020 Tax Season
As if 2020 wasn’t challenging enough, this season’s tax-filing is going to be even more complicated than usual. Though the CARES Act and the Paycheck Protection Program were put into place to help small businesses, the old adage about “no such thing as a free lunch” is proving true once again as business owners sit down to gather their documents and realize just how big an impact the changes will make on what they can and can’t deduct, on payroll tax, and many other elements of their filing. We encourage you to speak with our office as soon as possible so that you can get some insights into the specific effect on you and your business. Start by asking these questions and go from there.
1. I took a Paycheck Protection Program loan. How will it impact my taxes?
The PPP loans were attractive because they were forgivable if used for the intended purposes. Normally, under tax law, when debt is forgiven it becomes taxable income. However, by law the PPP loan forgiveness is also tax exempt, which means it is not taxable income. The IRS had taken the position that the business expenses paid for with the forgiven loan proceeds would not be deductible expenses for tax purposes. The passage of the COVID-Related Tax Relief Act in December 2020 has overridden the IRS’s interpretation in Rev Ruling 2020-27. Thus, the expenses are fully deductible even though the loan is forgiven. CAUTION: This may not be true for state tax purposes.
2. I deferred my payroll taxes. When are they due?
As part of the CARES Act, employers struggling with making payroll were offered a life raft in the form of a deferral of the employer’s portion of their employees’ Social Security payroll taxes. The deferral applied to the 6.2% Social Security tax on wages paid for the period from March 27, 2020 to the end of the year. If you are one of the many businesses that chose to take advantage of the deferral, you will need to pay the first half of what’s owed by December 31, 2021 with the balance due one year later on December 31, 2022.
3. How does the CARES Act impact how net operating losses are handled?
Back in 2017, the Tax Cuts and Jobs Act eliminated the net operating loss (NOL) carrybacks for most businesses, but under the CARES Act, NOL carrybacks are allowed for tax years 2018, 2019 and 2020 in the form of a five-year carryback That means that for each of the last three tax years you can carryback losses five years and any unused NOL is then carried forward until used up. You can also elect to forgo the carryback and carry the losses forward, whichever provides the best outcome for your business. The CARES Act also suspended the rule that the taxable income of the carryback or carryforward year can only be reduced by 80% as a result of the NOL. That suspension only applies to NOLs originating in 2018, 2019 and 2020.
4. I had employees working remotely in different states. Will that affect my taxes?
One of the biggest tax headaches introduced by the pandemic has been the effect of having employees working in different states. Though in most cases these temporary changes will not have an impact, it is important that you ask your accountant about your specific situation, as some states have introduced new tax regulations in order to recoup some of their tax losses.
Additionally, if your business is like many others and you are considering making remote work permanent, then any employees living and working in other states may put you in the position of having to pay those states’ business taxes as well as withhold state income tax on the employees’ wages.
Understanding the full impact of this past year may take a long time, but for right now, business owners need to address the challenge of preparing their taxes. Start speaking with our office as early as possible so that you have plenty of time to come up with a workable strategy.
How Biden’s Rescue Plan Might Impact Your Taxes
Article Highlights:
Economic Impact Payments
Unemployment Compensation
Minimum Wage
Education Assistance
Families First Coronavirus Response Act
Child Care Tax Credit
Child Tax Credit
Earned Income Tax Credit
Healthcare Coverage
Evictions & Foreclosures
Homelessness
Incoming President Biden released his “American Rescue Plan” on January 14. It is a wish list of proposals he wants Congress to enact to address the COVID-19 pandemic and associated economic crisis. While some of the proposals are intended to be in effect for just one year, it isn’t too great a stretch of the imagination that these could later be extended or made permanent, as many of them have been on the Democrats’ agenda for some time. The anticipated cost of the American Rescue Plan, if all of the proposals are agreed to by Congress, is $1.9 trillion. None of Biden’s proposals are revenue raisers, and according to a January 15, 2021 Wall Street Journal report, he intends to use government borrowing to pay for his plan. Following are some of the tax-related proposals. Stimulus (Economic Impact) Payments: Biden’s plan requests that Congress provide an additional stimulus payment of $1,400 to qualified lower income households. Combined with the $600 that Congress authorized in December legislation, this will bring the latest total direct assistance to $2,000 per person. The prior stimulus distributions included stipends for dependent children under the age of 17, whereas the proposed payments will be provided for all dependents regardless of age. So far, the payments have counted as advances toward a 2020 Recovery Rebate Credit. This is so even for the second round of payments that didn’t reach recipients until early January 2021. Individuals will need to reconcile the payments they received and the credits they are entitled to on their 2020 returns. Whether the proposed additional payments will be considered part of the 2020 credit (which could delay some 2020 return filings) or as an advance toward a new 2021 credit will need to be clarified in the legislation. Unemployment Compensation: This part of the plan requests that Congress provide a $400-per-week unemployment insurance supplement through September 2021, and extend the unemployment benefits to self-employed workers such as ride-share drivers and many grocery delivery workers, who do not typically qualify for regular unemployment compensation. Presumably, the $400-per-week enhancement would be in lieu of the $300-per-week benefit passed in the Consolidated Appropriations Act in December 2020. In any event, the unemployment benefits are taxable income for federal purposes; most states also tax this income, but a few do not. Raise the minimum wage to $15 per hour. Education Assistance: The CARES Act, passed in late March 2020, included a Higher Education Emergency Relief Fund that provides funding to institutions to provide emergency financial aid grants to students whose lives have been disrupted by the COVID-19 pandemic. Emergency financial aid grants to students are nontaxable and can be used for expenses related to the disruption of campus operations due to coronavirus (including eligible expenses under a student’s cost of attendance, such as food, housing, course materials, technology, health care, and child care). Biden’s proposal would increase funding for the Higher Education Emergency Relief Fund, including providing college and university students with up to an additional $1,700 in financial assistance from their institutions. Families First Coronavirus Response Act: This part of the American Rescue Plan requests that Congress fund an extension of sick leave through September 30, 2021, which would provide over 14 weeks (up from 12) of paid sick and family and medical leave to help parents with additional caregiving responsibilities when a child or loved one’s school or care center is closed; for people who have or are caring for people with COVID-19 symptoms, or who are quarantining due to exposure; and for people needing to take time to get the vaccine. The maximum payment would be increased from $1,000 per week to $1,400 per week. Under Biden’s plan, the exemptions for businesses with over 500 employees and those with fewer than 50 employees would be eliminated, making the program mandatory for all sizes of businesses. The government will reimburse employers with fewer than 500 employees for 100% of the cost. Increase the Child Care Tax Credit: Currently, a nonrefundable tax credit is available to some taxpayers for the expenses they incur for the care of a child, spouse, or other dependent while the taxpayer is gainfully employed (or is seeking a job). The maximum expenses that can be used to determine the credit are $3,000 for one child and $6,000 for two or more children. The credit rate ranges from 20% to 35% depending on income (the higher the income, the lower the credit rate). Biden’s plan requests Congress to authorize an increase in the child care credit and make it refundable for one year. The credit would be a full 50% of the expenses, with maximum expenses of $4,000 for one child under age 13 and $8,000 for two or more children. The credit would be phased out when income ranges from $125,000 to $400,000. Child Tax Credit: For years 2018 through 2025, the child tax credit is a maximum of $2,000 per dependent child under the age of 17. In some cases, up to $1,400 of the credit is refundable. The credit phases out when the taxpayer’s modified adjusted gross income exceeds $200,000 ($400,000 for married joint filers). Biden is asking Congress, for a period of one year, to include children through age 17 in the credit and increase the Child Tax Credit to $3,000 ($3,600 for children under the age of 6). Earned Income Tax Credit (EITC): Childless adults are eligible for a lesser earned income tax credit amount than if they had a qualifying child. Biden’s plan requests that Congress make a one-year increase in the EITC for childless adults from roughly $530 to $1,500 and increase these individuals’ income limit for the credit from roughly $16,000 to $21,000. Biden also would also like Congress to eliminate the age cap so that older workers without a qualifying child can claim the credit (currently, a childless individual cannot claim the credit after reaching age 65). Healthcare Coverage: Individuals who purchase their health insurance through the government marketplace may be eligible for a premium tax credit, with an advance premium tax credit (APTC) used to reduce monthly premiums, and the advance and actual credits reconciled on their income tax return each year. Biden’s plan asks Congress to increase the premium tax credit so that workers will pay no more than 8.5% of their income for coverage. Although not tax-related, other issues in the plan affecting individuals include: Evictions and Foreclosures: President-Elect Biden is calling on Congress to extend the eviction and foreclosure moratoriums and continue applications for forbearance on federally guaranteed mortgages until September 30, 2021, as well as to provide funds for legal assistance for households facing eviction or foreclosure. Homelessness: The plan requests that Congress provide $5 billion to help secure housing for the approximately 200,000 individuals and families. Remember, these are only Biden’s proposed changes; quite often, what Congress ends up passing is not the same as the originally proposed legislation. If you need assistance or have questions related to other tax issues, please give this office a call.
February 2021 Business Due Dates
February 1 – 1099-NECs Due to Service Providers & the IRSIf you are a business or rental property owner and paid $600 or more to individuals (other than employees) as nonemployee compensation during 2020, you are required to provide Form 1099-NEC to those workers by February 1. ‘Nonemployee compensation’ can mean payments for services performed for your business or rental by an individual who is not your employee, commissions, professional fees and materials, prizes and awards for services provided, fish purchases for cash, and payments for an oil and gas working interest. In order to avoid a penalty, copies of the 1099-NECs also need to be sent to the IRS by February 1, 2021. The 1099-NECs must be submitted on optically scannable (OCR) forms. This firm prepares 1099s in OCR format for submission to the IRS with the 1096 submittal form. This service provides both recipient and file copies for your records. A business or individual who is required to file 250 or more information returns (i.e., 1099s among others) must file those forms electronically. Please call this office for preparation assistance. February 1 – Form 1098 and Other 1099s Due to RecipientsForm 1098 (Mortgage Interest Statement) and Forms 1099, including 1099-NEC (see above) are due to recipients by February 1. The IRS’ copy, other than for 1099-NECs, is not due until March 1, 2021, or March 31, 2021 if electronically filed. These 1099s may be reporting the following types of income:
Dividends and other corporate distributions
Interest
Rent
Royalties
Payments of Indian gaming profits to tribal members
Profit-sharing distributions
Retirement plan distributions
Original issue discount
Prizes and awards
Medical and health care payments
Debt cancellation (treated as payment to debtor)
February 1 – Employers – W-2s Due to All Employees & the GovernmentEMPLOYEE’S COPY: All employers need to give copies of the W-2 form for 2020 to their employees. If an employee agreed to receive their W-2 form electronically, post it on a website and notify the employee of the posting. GOVERNMENT’S COPY: W-2 Copy A and Transmittal Form W-3, whether filed electronically or by paper, are due January 31 to the Social Security Administration.February 1 – File Form 941 and Deposit Any Undeposited TaxFile Form 941 for the fourth quarter of 2020. Deposit any undeposited Social Security, Medicare and withheld income tax. (If your tax liability is less than $2,500, you can pay it in full with a timely filed return.) If you deposited the tax for the quarter in full and on time, you have until February 10 to file the return. February 1 – File Form 943All farm employers should file Form 943 to report Social Security, Medicare taxes and withheld income tax for 2020. Deposit any undeposited tax. (If your tax liability is less than $2,500, you can pay it in full with a timely filed return.) If you deposited the tax for the year in full and on time, you have until February 10 to file the return.
February 1 – File Form 945
File Form 945 to report income tax withheld for 2020 on all non-payroll items, including back-up withholding and withholding on pensions, annuities, IRAs, gambling winnings, and payments of Indian gaming profits to tribal members. Deposit any undeposited tax. (If your tax liability is less than $2,500, you can pay it in full with a timely filed return.) If you deposited the tax for the year in full and on time, you have until February 10 to file the return.
February 10 – Non-Payroll TaxesFile Form 945 to report income tax withheld for 2020 on all non-payroll items. This due date applies only if you deposited the tax for the year in full and on time.
February 10 – Social Security, Medicare and Withheld Income Tax File Form 941 for the fourth quarter of2020. This due date applies only if you deposited the tax for the quarter in full and on time.February 10 – Certain Small Employers File Form 944 to report Social Security and Medicare taxes and withheld income tax for 2020. This due date applies only if you deposited the tax for the year in full and on time.February 10 – Farm Employers File Form 943 to report Social Security and Medicare taxes and withheld income tax for 2020. This due date applies only if you deposited the tax for the year timely, properly, and in full.February 10 – Federal Unemployment Tax File Form 940 for 2020. This due date applies only if you deposited the tax for the year in full and on time.February 16 – Social Security, Medicare and Withheld Income TaxIf the monthly deposit rule applies, deposit the tax for payments in January.February 16 – Non-Payroll WithholdingIf the monthly deposit rule applies, deposit the tax for payments in January.February 16 – Payroll Withholding
Employers begin withholding for employees who claimed exemption from withholding in 2020 but have not provided a W-4 (or W-4(SP)) to continue the exemption for 2021.February 16 – All BusinessesThe following information statements are due to recipients to whom certain payments were made during 2020: Form 1099-B (Proceeds from Broker and Barter Exchange Transactions), Form 1099-S (Proceeds from Real Estate Transactions) and Form 1099-MISC (Miscellaneous Income) if substitute payments are reported in Box 8 or gross proceeds paid to an attorney are reported in Box 14. With consent of the recipient, the 1099 can be issued electronically.
February 2021 Individual Due Dates
February 1 – Tax AppointmentIf you don’t already have an appointment scheduled with this office, you should call to make an appointment that is convenient for you. February 1 – File 2020 Individual Return to Avoid Penalty for Not Making 4th Quarter Estimated PaymentIf you file your prior year’s individual income tax return and pay any tax due by this date, you need not make the 4th Quarter Estimated Tax Payment that was otherwise due in January.February 1 – Individuals Who Must Make Estimated Tax Payments If you didn’t pay your last installment of estimated tax by January 15, you may choose (but aren’t required) to file your income tax return (Form 1040 or Form 1040-SR) for 2020 by February 1. Filing your return and paying any tax due by February 1 prevents any penalty for late payment of the last installment. If you can’t file and pay your tax by February 1, file and pay your tax by April 15.
February 10 – Report Tips to Employer
If you are an employee who works for tips and received more than $20 in tips during January, you are required to report them to your employer on IRS Form 4070 no later than February 10. Your employer is required to withhold FICA taxes and income tax withholding for these tips from your regular wages. If your regular wages are insufficient to cover the FICA and tax withholding, the employer will report the amount of the uncollected withholding in box 12 of your W-2 for the year. You will be required to pay the uncollected withholding when your return for the year is filed.
February 16 – Last Date to Claim Exemption from Withholding
If you are an employee who claimed an exemption from income tax withholding last year on the Form W-4 you gave your employer, you must file a new Form W-4 by this date to continue your exemption for another year.
Congress Has Authorized a Second Round of PPP Loans
Article Highlights:
Paycheck Protection Program
Eligible Entities
Loan Terms
Loan Forgiveness
Forgiveness Reduction
Simplified Loan Forgiveness
Deductibility of Expenses
Funds Availability
Congress passed, and President Trump signed, the Consolidated Appropriations Act, 2021. Included in its approximately 5,600 pages is a second draw of forgivable Paycheck Protection Program (PPP) loans. The first round allowed loans to businesses with 500 or fewer employees and to certain businesses with multiple locations, for which each location could not have more than 500 employees. Unfortunately, this opened the door to some large businesses gobbling up the allocated funding and shutting out the smaller businesses that the loans were intended to help until additional funding was authorized. Unlike the prior loan program, this round will truly be limited to small businesses that incurred revenue losses. Eligibility is limited to businesses
with 300 or fewer employees per physical location;
that had previously received a PPP loan; and
that can demonstrate that they sustained at least a 25% reduction in gross receipts in the first, second, or third quarter of 2020 relative to the same 2019 quarter. Businesses submitting an application on or after Jan. 1, 2021, are eligible to utilize the gross receipts from the fourth quarter of 2020.
Eligible Entities – The eligible entities include for-profit businesses, certain non-profit organizations, housing cooperatives, veterans’ organizations, tribal businesses, self-employed individuals, sole proprietors, independent contractors, and small agricultural co-operatives. Churches and religious organizations are eligible for loans if they otherwise meet the requirements, and the legislation prevents future administrations from making them ineligible. Loan Terms – The legislation establishes a maximum loan size of 2.5 times the average monthly payroll costs in the one year prior to the loan, or the calendar year, up to $2 million. There is an exception for borrowers in the hospitality or food services industries, who may receive PPP Second Draw Loans of up to 3.5 times average monthly payroll costs. Only a single PPP Second Draw Loan is permitted to an eligible entity. Loan Forgiveness – Like the first PPP loan, full loan forgiveness is available if the borrower spends at least 60% of the second draw on payroll costs (this time including additional group insurance payments, including vision, dental, disability and life insurance), with allowable nonpayroll costs of 40%. The allowable non-payroll expense category – which was originally limited to rent, mortgage interest, and utilities – has been expanded to include the following:
Operational costs – Payment for any business software or cloud-computing service that facilitates business operations; product or service delivery; the processing, payment, or tracking of payroll expenses, human resources, sales, and billing functions; or accounting or tracking of supplies, inventory, records, and expenses.
Property damage costs – Include costs related to property damage and vandalism or looting due to public disturbances that occurred during 2020 that were not covered by insurance or other compensation.
Supplier costs – Costs from existing contracts that are essential to the recipient’s operations, including the cost of perishable goods at any time.
Protective materials and facility modifications – An operating or a capital expenditure made to facilitate the adaptation of an entity’s business activities to comply with requirements established or guidance issued by federal, state, and local governments during the period beginning on March 1, 2020, and ending on the date when the national emergency related to COVID-19 declared by the president expires.
A borrower may choose either an 8-week or a 24-week covered period. Forgiveness Reduction – The rule reducing loan forgiveness for a borrower who reduced the number of employees retained and reduced employees’ salaries by more than 25% continues to apply. Simplified Loan Forgiveness – The loan-forgiveness process is simplified for borrowers with PPP loans of $150,000 or less. This means another version of the SBA’s loan-forgiveness application form will be forthcoming. Congress has specified that it be a one-page certification that includes a description of the number of employees whom the eligible recipient was able to retain because of the loan, the estimated total amount of the loan spent on payroll costs, and the total loan amount. Because borrowers using the simplified application form will be certifying that they meet the requirements for forgiveness and will be subject to penalties if they are found not to qualify, it may be a good idea for applicants to fill out a “draft” of the longer version of the form to substantiate their certification as well as retain it with the business’s employment and expense records. The legislation requires employment records to be kept for 4 years and for other records to be kept for 3 years after the date when the forgiveness request is submitted. Deductibility of Expenses – The IRS recently issued a ruling essentially saying that because businesses aren’t taxed on the proceeds of a forgiven PPP loan, the expenses paid from the forgiven loan aren’t deductible. However, Congress members have been saying all along that this was not the Congressional intent in the original PPP legislation. In a rebuttal to the IRS, Congress has made it crystal clear in the recently passed legislation that taxpayers whose PPP loans are forgiven are allowed deductions for otherwise deductible expenses paid with the proceeds of a PPP loan, and that the tax basis and other attributes of the borrower’s assets will not be reduced as a result of the loan forgiveness. This applies retroactively to the first round of PPP loans as well. Funds Availability – The legislation requires the SBA to prepare regulations and implement the second-draw PPP within 10 days after the bill was signed into law (December 27, 2020) and for the program to continue through March 31, 2021. Please give this office a call if you have questions related to the PPP loan second draw.