While I am focused on helping small businesses grow by reducing their taxes, and organizing their books, I firmly believe that health of body and mind leads to wealth. To help you be better prepared in the event of an emergency involving your parents/loved ones, below (in order of importance) is a list of 12 things you need to know about your aging parents’ health. If you have any questions, comments, or concerns, please don’t hesitate to call us!
WHAT ARE THE NAMES OF THEIR DOCTOR’S & SPECIALIST? If you don’t know anything else, this is probably the most important piece of information. Why? Chances are good that your parents’ doctors can provide much of the rest of the information needed as well as more details about your parents’ specific health histories.
Do they have any major medical problems? This includes such conditions as high blood pressure, diabetes, heart disease, etc.
What Medications are they on? Have a list of medications and supplements. It’s especially important that a doctor know if your parent uses blood thinners. It’s also important for your doctor to know if your parents take any vitamin or herbal supplements (as these might interact with medications given in an emergency situation.
What is their previous medical history? Have they had any surgeries and major medical procedures? List past medical procedures including implanted medical devices such as pacemakers.
What is their insurance information? Know the name of your parents’ health insurance provider and their policy numbers.
What Are their End-of-Life Wishes? For instance: Would you want a ventilator and feeding tube used to keep you alive even in an irreversible coma? Do you want CPR initiated if your heart stops, even if you are terminally ill? Make sure the health care proxy is aware of your parent’s decisions.
Do they have any ADVANCE DIRECTIVES? An advance directive (living will, Do Not Resuscitate aka DNR, etc) is a legal document that outlines a person’s decisions about his or her health care, such as whether or not resuscitation efforts should be made and the use of life-support machines.
Have they named a durable power of attorney to manage their finances, or healthcare? The first step is to find out if they have named a Durable Power of Attorney (POA). Without a POA in place, you’ll have to go to court to get guardianship of your parent in order to access accounts on their behalf.
Where do they keep their financial records and important documents? Whether they keep their money and documents in a bank, a safe, or under the mattress, you need to know where to find records when you need them. What is the location of keys or codes to lock boxes or safes?
What are their bank account numbers and names of their financial institutions? In addition to knowing where they keep their money, you need specifics on all account numbers. What banks do they use? Who is their mortgage company? Do they have an investment firm?
What are your parent’s monthly expenses? Gather information on their mortgage, car payment, credit card debt, electric bill and other expenses.
How do they pay their bills currently, ESPECIALLY THEIR LIFE INSURANCE!! If there are automatic deductions being taken out of a checking account, you need to know about it. Do they use online banking, or are they mailing in paper checks? DO NOT ASSUME!
is to remove access barriers to service, empower seniors through education, lower prescription drug cost, consolidate resources, and mobilize assistance.
Senior Resource Group Inc. services range from locating no cost insulin for diabetics; applying clients for prescription drug grants; locating local/state/federal and private assistance programs; explaining Medicare; and identifying the lowest cost Medicare supplements, health plans, & insurance solutions. Each of our clients are given an extensive individual interview so that our advocates can uncover every transportation, tax, food, and medical discounts he/she may qualify for.
In our South Loop of Chicago Tax Preparation office, and our Homewood, Il tax preparation office, we often come across taxpayers that want to reduce their tax bill and save money (legally). Because we specialize in small business owner and real estate investor tax preparation & tax planning, we often come into contact with new landlords.
Most of your purchase costs when acquiring a rental property will be detailed in the real estate closing statement or the closing disclosure. The closing statement is a financial instrument, not a tax document.
You need to go through each line item in the statement and assign it to one of the three following tax categories:
Basis
Loan Acquisition
Operations
Then, once you have divided your expenditures into these three categories, you often need to consider the best tax strategies for each. For example, in the basis category, you assign costs to land, land improvements, buildings, and personal property. Each dollar assignment has an impact on your profits.
This article provides a useful guide of information to help you build your rental property profits on the day you close escrow.
1. Basis
Generally, your basis (a fancy way of saying the money you put into something) is the total cost you pay for the property, including your costs of obtaining and perfecting the title. Once you have this total cost, you allocate that cost to land, land improvements, buildings, and equipment, and then you depreciate all but the land.
1.1 What Goes into Basis
Examine the closing statement to identify expenditures that you should include in your basis. The following list gives you some of the items you usually would include:
Contract price
Personal property
Abstract (title search) fees
Escrow fees
Legal fees (for the title search, sales contract, and deed but not for the loan)
Real estate commissions (generally paid by the seller; include in your basis if paid by you, the
buyer)
Recording fees
Surveys
Transfer or stamp taxes
Title Examination
Amounts you paid on behalf of the seller, such as back taxes, back interest, recording fees,
mortgage fees, charges for improvements and repairs, and sales commissions
In addition to what appears on the closing statement, make a review of your credit card statements and checkbook
to identify other costs that apply to the purchase of this property.
1.2 Allocating Basis to Assets
You allocate basis to land, land improvements, buildings, and equipment based on fair market values at the time of purchase.
2. Loan Acquisition
When you buy rental property, tax law divides your loan costs into two categories:
Costs you incur to obtain the loan
Costs, like points, that decrease the mortgage interest rate
2.1 Costs to Obtain the Loan
You write off the costs of obtaining the mortgage over the life of the mortgage using the straight-line amortization method. Costs you include in this write-off include:
Mortgage commissions
Abstract fees
Mortgage recording fees
Mortgage stamp and other taxes
Credit report
Lender’s inspection report
Appraisal fee for the loan
Mortgage insurance application fee
Mortgage assumption fee
Example. You incur $8,000 in costs to obtain a 10-year mortgage loan. You deduct $800 a year.
Loan origination fees, brokers’ fees, maximum loan charges, and premium charges are not points. These are costs of obtaining the loan and, like the costs above, you amortize them on a straight-line basis over the life of the loan.
2.2 Loan Costs That You Treat Like Interest
Points. The term “points” is often confusing. In a financial sense, the point represents a prepayment that you make to obtain a discount on the loan interest rate. In general, the more points you pay, the lower the interest rate.
Essentially, the payment of points is the payment of interest in advance, and the tax law gives special treatment to your payment of points.
Since points are nothing more than prepayment of interest on your loan, tax law treats points as original issue discount (OID). The amount of your OID determines which method you may use to write off points paid on a rental property acquisition.
3. Operating Items
At closing, you might pay real property taxes, fire and property insurance premiums, and city and town taxes. Look at these expenses. See whether they apply to your current and future holding of the property. If so, you may deduct these costs as current-year operating expenses, assuming you place the property in service at closing.
Per IRS publication 551, “If you pay real estate taxes the seller owed on real property you bought, and the seller didn’t reimburse you, treat those taxes as part of your basis. You can’t deduct them as taxes. If you reimburse the seller for taxes the seller paid for you, you can usually deduct that amount as an expense in the year of purchase.”
You also want to look through your checkbook and credit card statements for other operating expenses and perhaps some start-up expenses.
Takeaways
The closing statement examination in this article is the perfect place to start your property on the track for maximum profits by getting the best tax benefits at inception.
When you are thinking about acquiring a rental property, make it a point to review this article so that you can get the most out of both your closing costs and your cost to buy the property.
Here in our Chicago South Loop Tax Preparation, and our Homewood Il, Tax preparation offices, we specialize in helping taxpayers legally reduce their taxable income, claim every tax deduction they are entitled to, and maximize tax credits. Through our work of helping taxpayers, we’ve come to find that many people often miss the Federal Child and Dependent Care Credit. The Federal child and dependent care tax credit refunds taxpayers a portion of the expenses paid for the care of dependent children and other dependents (qualifying persons).
Since summer is almost here, we wanted to give you some tips on what you need to do to claim the federal Child and Dependent Care credit if you have children (or disabled siblings/parents that you care for) that you plan on enrolling into a summer DAY camp program (so that you can work, or look for work). You’ll notice that we’ve put emphasis on summer DAY camp programs, as overnight summer camp programs are not eligible for the credit. Below please find some key points to claiming the Federal Child and Dependent Care Credit.
🔶The credit is equal to a percentage (from 35%-20%) of the amount you paid for daycare or summer camp attendance, and daycare throughout the year (up to $6,000 for 2 children, & $3,000 for 1 child). However, if you have 2 qualifying children, and paid expenses of $6,000 for only 1 child, you would be able to use the entire $6,000 to figure your credit, even though you only paid expenses for 1 child. To illustrate, Susan is a single mother earning $40,000 a year and has 2 children ages 8 & 12. The local park district is offering an 8-week summer day camp for $100 a week per child totaling $1,600 ($800 per child). Throughout the year, the 8-year-old goes to an afterschool daycare that charges $85 a week for 40 weeks totaling $3,400. At tax time Susan calculates that she paid a total of $5,000 in dependent care expenses, and her income level entitles her to a 22% reimbursement ($1,100) of the amount paid for care. If Susan has a $4,000 tax liability and was receiving a $500 refund, the $1,100 dollar-or-dollar tax credit will reduce her tax liability to $2,900 and increase her tax refund to $1,600.
🔷You must have earned income. Earned income is defined as W2 Income, rideshare driving, food delivery person, MLM business, self-employment, etc.
🔶The provider must provide you with their name, EIN (unless it’s a tax-exempt organization like a church or school), and address.
🔷You must provide your tax professional with the amount paid to the provider PER CHILD.
🔶The dependent(s) must be age 13 or under.
🔷You must be the custodial parent.
🔶There are no minimum or maximum income limits on this credit.
🔷If your filing status is married filing separately, you must have lived apart from your spouse for the last 6 months of the year. You don’t have to be legally separated, but you must be able to prove that you lived apart from your spouse.
🔶 Sometimes you can file married filing separately, and the person may not qualify as your dependent for head of household status, earned income credit, etc., but they can still qualify as your person for the Federal Child and dependent care credit tax credit. For example, you left your cheating spouse in May, and you’re the primary caregiver for your disabled sister. Your disabled sister receives a monthly dividend check of $400 from her ownership of Ford stock (left to her by your parents). While your sister isn’t your qualifying dependent because her gross income is more than $4,400, you can still claim the child and dependent care credit for any dependent care expenses that you pay on her behalf.
Although we’ve given you the basics, this article is not all-inclusive. Should you have questions, or need business tax preparation, business entity creation, business insurance, or business compliance assistance please contact us online, or call our office at 855-743-5765. Make sure to join our newsletter for more tips on reducing taxes, and increasing your wealth.
Here in our Chicago South Loop Tax Preparation, and our Homewood Il, Tax preparation offices, we specialize in helping business owners and real estate investors reduce their tax liability. One topic that always comes up is the topic of self-employment taxes. Regardless of age, all individuals with self-employment income must pay self-employment taxes. Even if you have a regular W2 job, if you earn additional income through a side gig, then you have self-employment income. Self-employment income can be earned through rideshare (Uber or Lyft) driving, delivery driver (Doordash, GrubHub, Instacart, etc.) work, independent contractor work (construction, life insurance sales, cleaning business, etc.) selling things online (Mercari, Eba, Amazon, etc.) or simply selling dinners out of your home.
The government claims that the reason self-employed workers need to pay self-employment taxes (in addition to income taxes), is so that when business owners reach retirement age, they’ll be able to collect Social Security and Medicare part A (hospital insurance) benefits if they paid self-employment taxes for at least 10 years (40 quarters). It is important to note that self-employment taxes are paid on your net earnings from self-employment, not your entire business income. In this article, we will discuss:
What is the self-employment tax
How Much Are Self-Employment Taxes?
Do employees pay less in tax than self-employed people?
Individuals Subject to Self-Employment Taxes.
Net Earnings from Self-Employment.
What happens if I own two businesses?
What happens if you work a job and have side self-employment income?
Will having self-employment income allow me to write off everything?
Income Not Subject to Self-Employment Taxes.
If you own an unincorporated business, you likely pay at least three different federal taxes. These three taxes are:
Federal income taxes.
Social Security taxes.
Medicare taxes.
Social Security taxes and Medicare taxes are collectively called self-employment taxes.
The self-employment tax totals 15.3% and has two parts:
1.) 12.4 percent Social Security tax up to an annual income ceiling adjusted for inflation each year ($147,000 for 2022) 2.) 2.9 percent Medicare tax on all net earnings from self-employment.
If your self-employment income is more than $200,000 (if you’re single) or $250,000 (if you’re married filing jointly), you must pay an additional 0.9 percent Medicare tax on self-employment income over the applicable threshold for a total 3.8 percent Medicare tax.
Do employees pay less in taxes than self-employed people?
Excluding the additional Medicare tax that’s levied solely on employees, the self-employment tax rate is the same as the combined Social Security and Medicare payroll tax paid by employees and employers. But with employment, employers pay half of the taxes while withholding the other half from their employees’ wages.
At first glance, it looks as if W-2 employees personally pay half as much as the self-employed. But that’s not so. The tax code allows the self-employed to make up for some of this unfairness by allowing them to reduce net income subject to self-employment taxes by 7.65 percent and deduct on their Form 1040 half of their self-employment taxes.
Individuals Subject to the Self-Employment Tax.
You pay self-employment tax if you:
operate as a single-member LLC.
earn income on a 1099-NEC.
operate as a single-member LLC.
do business as a sole proprietor.
are a general partner in a partnership.
are an LLC member in a multi-member LLC.
or are a co-owner of any other business entity taxed as a partnership (there is an exemption for limited partners).
You determine if your activity is a business under the same rules you use for deducting business expenses. The general rule is that a business is an activity you engage in regularly and continuously to earn a profit. You don’t have to work at a business full-time, but it can’t be a sporadic activity.
Net Earnings from Self-Employment.
The self-employment tax is not a progressive tax. It starts immediately—on dollar one, once you have over $433 in Schedule C, E, or F net income from a business ($433 x 92.35 activity = $400 which is the starting amount that requires reporting of self-employment income, & the payment of self-employment taxes).
Example. Nancy earns $1,000 from her single-member LLC, and reports this income on Schedule C. Her net earnings from self-employment are $935 ($1,000 x 92.35 percent). Her self-employment tax is $143 ($935 x 15.3 percent).
Your net earnings from self-employment start with the gross income from your trade or business minus valid allowable business deductions. Because you get to deduct valid business expenses, it makes it even more important to keep up with your bookkeeping, so that you can identify the expenses that will allow you to lower your income tax and self-employment tax. It’s important to note that, personal itemized deductions (charity donations, property taxes, medical expenses, etc.) and “above-the-line” adjustments to income don’t decrease net earnings from self-employment.
What happens if I own two businesses?
If you have more than one business (say two Schedule Cs), you combine the net income or loss to determine your net earnings from self-employment. Thus, a loss from one business offsets the income from another profitable business. But all is not roses: when calculating net earnings from self-employment, you may not deduct:
Net operating loss carryovers from past years,
Deduction for health insurance premiums for the self-employed,
Contributions to a self-employed retirement plan such as an IRA, SEP-IRA, or 401(k).
Section 199A qualified business income deduction.
Deduction for one-half of your self-employment taxes.
What if I Have Both W-2 Wages and Self-Employment Income?
If you earn both W-2 wages and self-employment income, you count your W-2 first as if you had no self-employment income. If your W-2 wages exceed the annual ceiling ($147,000 in 2022), no Social Security taxes are due on any of your self-employment income. In this case, you pay less in taxes under the ordering rule because it allows you to use all or part of the Social Security wage ceiling with your employee income (taxed at 6.2 percent).
Will having self-employment income allow me to write off everything?
Despite what some may believe, becoming self-employed will NOT allow you to
Write off all your meals as a business expense.
Write off all the utility bills in your home.
Write off 100% of your cell phone usage.
Deduct the cost of taking your friends to sporting events or bars.
Deduct all your travel and transportation expenses.
Write off the entire cost of owning or renting a residence that contains your home office.
Some types of income are not subject to self-employment tax at all, including:
most rental income,
most dividend and interest income,
gain or loss from sales and dispositions of business property, and
S corporation distributions to shareholders.
S Corporation Distributions
The income earned by anS corporation passes through the business to the individual shareholders as dividends or distributions. Such pass-through S corporation income is not trade or business income to the shareholders and is not subject to self-employment taxes.
Key point. The S corporation is the one business form that can save its owners substantial self-employment taxes, which is why it is so popular. However, most first starting out don’t need a S-Corp as the cost to maintain the S-Corp, payroll, and bookkeeping will outweigh the benefits until you net at least $35,000-$40,000.
Example Jason owns a landscaping business that generates $100,000 in net profit. If he operates as a sole proprietor, 92.35 percent of his $100,000 net business income is net earnings from self-employment subject to self-employment taxes. Instead, he incorporates his business with him as the sole shareholder and works full-time in the business as the corporation’s employee. Jason has his corporation pay him $60,000 as employee salary, on which payroll taxes must be paid. In addition, the corporation distributes $40,000 to Jason during the year as a distribution. The $40,000 is not subject to self-employment taxes, saving $5,652 in taxes ($40,000 x 92.35 percent x 15.3 percent)
Here are five things to know from this article:
The self-employed must pay a 12.4 percent Social Security tax and a 2.9 to 3.8 percent Medicare tax on their net earnings from self-employment.
The 12.4 percent Social Security tax is subject to an annual income ceiling ($147,000 for 2022).
You must pay self-employment taxes if you earn income from a business, side hustle, or side gig that you report on Schedule C or F, co-own as a general partner in a partnership, or own as a member in a multimember LLC, or if you co-own any other business entity taxed as a partnership.
Net earnings from self-employment do not include real estate rental income (unless you provide services to tenants), dividend or interest income, or gain or loss from business property other than inventory.
Distributions from S corporations are not subject to self-employment taxes. S corporations must ordinarily treat shareholders who work in the corporate business as employees and pay them a reasonable W-2 salary
Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, business insurance, or business compliance assistance please contact us online, or call our office at 855-743-5765. Make sure to join our newsletter for more tips on reducing taxes, and increasing your wealth.
Here in our South Loop of Chicago Tax Preparationoffice, and our Homewood, Il tax preparation office, we specialize in tax preparation for real estate investors, and small business owners. Working with this client base, we come across many general contractors that operate 95% in cash. Although cash only taxpayers are entitled to tax deductions, they (like every other taxpayer) must have proof of income received, and proof of expenses incurred. While in most cases we can help taxpayers reconstruct their income and expenses, in some cases the IRS will deny the expenses due to lack of documentary (paper) evidence. In the tax court case of NNABUGWU C. EZE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, not only did the taxpayer lack documentary evidence for expenses, he also didn’t have proof of income received.
In 2015, and 2016 NNABUGWU C. EZE, owned and operated 2 sole proprietor businesses: a consulting business, and a residential construction business (while we’ll touch on issues related to the consulting business, the main focus of this article will be the residential construction business). “For 2015 he reported taxable income of $3,314 and claimed a refund of $774. For 2016 he reported taxable income of zero and claimed a refund of $744.”1 For his consulting business, Eze claimed to have generated $142,675 in gross revenue, $30,533 in auto expenses, 2,815 in business travel, and $9,662 in other expenses.2 While his auto expenses were high, the return might have avoided audit had Mr. Eze not reported that his construction business spent $99,275 (business expenses) to generate $27,875 in gross revenue. In the court opinion, the court noted that Mr. Eze:
Described his Schedule C2 business as “home improvement.”
Allegedly “did handyman, construction, and residential rehabilitation projects for individual customers.”
Claimed to have written contracts with his customers, but never produced the contracts into evidence.
Didn’t specify how he was paid by his customers, or what type of arrangements he had with his customers.
The court also noted that:
There was no proof of electronic or paper (documentary evidence) invoices being submitted to customers.
There were no bank statements to prove the income or expenses claimed on his schedule C profit and loss.
None of his alleged customers reported payments to him on Forms 1099-MISC, Miscellaneous Income.
As in typical fraudulent tax return behavior, the expenses reported on the tax return far exceeded the reported income.
Auto Deductions
When it comes to the business use of a vehicle, one of the best tax deductions for business owners is the ability to deduct either mileage, or actual expenses. In this case, Mr. Eze owned 3 vehicles: “a 2008 Mercedes Benz, a 2002 Ford SUV, and a 2004 Chrysler.”3 Mr. Eze testified that the Mercedes was used 100% in his consulting business; the Ford was used 100% in his residential construction business, and that he used the Chrysler “exclusively for personal and family purposes.” To prove that he drove the business mileage, Mr. Eze submitted a calendar with the places that he allegedly drove to for his consultation business, and a second calendar with drives for his construction business. Although Mr. Eze created the calendars, he couldn’t explain how he was able to remember information from 3-4 years ago. “When asked asked how he kept track of start and finish odometer readings for hundreds of trips, Mr. Eze said that he jotted them down on scraps of paper (since discarded)”4 to which the IRS responded kick rocks (okay, they actually said “we do not find that testimony credible”, but we like our version better). Since Mr. Eze couldn’t prove his business mileage (see our video here on how to prove business mileage), the mileage deduction wasn’t allowed.
Construction Expenses
To prove his construction material expenses, Mr. Eze submitted receipts from Home Depot, Lowes, and 84 lumber. While under oath, Mr. Eze stated that all of the purchases were not made by him, but some were made by his wife, and “maybe somebody else.”5 We find it odd that Mr. Eze can remember all of his business mileage locations from 4 years prior, but he can’t remember who the “somebody else” was that purchased materials from Home Depot. Some of the issues the court took with Mr. Eze material purchases were as follows:
All receipts are for cash purchases in excess of $5,000. Mr. Eze said he withdrew the money from his bank, yet he didn’t provide any bank statements, or record that would prove that. 6
He claimed to spend $175,000 for materials for a business that was unprofitable, and he somehow still paid his mortgage, private school tuition, and took care of 2 children. 7
The receipts for materials often show large-volume purchases- on the order of 200 pieces of lumber, 50 sheets of gypsum wallboard, and 100 gallons of paint. These volumes vastly exceeded what would have been needed for the projects shown on petitioner’s mileage log.8
The receipts often show purchases of items that petitioner could not possibly have used in any project that he allegedly undertook during the ensuing months. For example, the receipts show purchases of bathtubs, shower units, and refrigerators, but petitioner could not identify any project that would have required installation of such items. He testified that he made advance purchases of these materials and stored them in his garage until he needed them.9
Petitioner allegedly spent more than $21,000 on tools, but he was unable to explain the function or intended operation of many machines and tools listed on the receipts. He said that he could not remember what these things were used for, having purchased them years ago.10
As we read further into this case, it was clear to us that Mr. Eze thought that the IRS, and the courts were either stupid, or that they wouldn’t look at the documentation he provided. To illustrate, in one instance, Mr. Eze tried to claim the tuition that he paid for his daughter’s tuition as a business education expenses. He also claimed AT&T cellphone expenses of over $2,000, but the AT&T bills submitted covered tv and internet service. Mr. Eze also submitted payments to cricket wireless, claiming that although he didn’t receive invoices from the company “he knew what he owed each month.”
While social media (TikTok, YouTube, & Facebook video’s) will have you believing that you can magically turn personal expenses into business tax deductions (by simply creating a LLC), the truth is that taxpayers have to prove that they are entitled to any business or personal tax deductions claimed. Although courts do have the power to allow approximations (under the Cohan rule if an expense is reasonable), there must be some factual basis for the estimate, and the deduction must not be subject to increased substantiation rules.
Here in our Chicago south loop tax preparationoffice, and our Homewood Illinois tax preparation office, we have heard from many people that were afraid of the IRS’s pending requirement of having platforms such as Venmo, Cashapp, PayPal, etc. start reporting transactions over $600 that the user received. In addition to platforms reporting, many people were afraid that their Zelle transactions would also be reported to the IRS; however, Zelle transactions are considered bank to bank transactions, so Zelle did not have a requirement to report. After much confusion, and protest, the IRS announced on December 23, 2022 that they will “delay for implementation of $600 reporting threshold for third-party payment platforms’ Forms 1099-K.”
To give you a little history, prior to the American Rescue Plan of 2021, third party network providers were required to issue a 1099-K once a user reached $20,000, or 200 transactions. The reporting only applied to goods and services transactions, not for things like paying your family & friends for dinner, sending gifts, etc. Once the American Rescue plan was passed, the threshold amounts were lowered to $600 as a way to catch tax cheats, or as the IRS likes to put it to “encourage voluntary tax compliance.” Now that you understand how the reporting threshold came to be, let’s talk about the change that the IRS announced on December 23, 2022.
Per IRS issue 2002-226 “The IRS released guidance today outlining that calendar year 2022 will be a transition period for implementation of the lowered threshold reporting for third-party settlement organizations (TPSOs) including Venmo, PayPal and CashApp that would have generated Form 1099-Ks for taxpayers. “The IRS and Treasury heard a number of concerns regarding the timeline of implementation of these changes under the American Rescue Plan,” said Acting IRS Commissioner Doug O’Donnell. “To help smooth the transition and ensure clarity for taxpayers, tax professionals and industry, the IRS will delay implementation of the 1099-K changes. The additional time will help reduce confusion during the upcoming 2023 tax filing season and provide more time for taxpayers to prepare and understand the new reporting requirements.”1
“The IRS and Treasury heard a number of concerns regarding the timeline of implementation of these changes under the American Rescue Plan,” said Acting IRS Commissioner Doug O’Donnell. “To help smooth the transition and ensure clarity for taxpayers, tax professionals and industry, the IRS will delay implementation of the 1099-K changes. The additional time will help reduce confusion during the upcoming 2023 tax filing season and provide more time for taxpayers to prepare and understand the new reporting requirements.”2
IRS issue 2002-226 also states “the change under the law is hugely important because tax compliance is higher when amounts are subject to information reporting, like the Form 1099-K. However, the IRS noted it must be managed carefully to help ensure that 1099-Ks are only issued to taxpayers who should receive them. In addition, it’s important that taxpayers understand what to do as a result of this reporting, and tax preparers and software providers have the information they need to assist taxpayers. Additional details on the delay will be available in the near future along with additional information to help taxpayers and the industry. For taxpayers who may have already received a 1099-K as a result of the statutory changes, the IRS is working rapidly to provide instructions and clarity so that taxpayers understand what to do.”3
Although the IRS is not requiring the reporting at the $600 threshold, you are still REQUIRED TO REPORT ALL INCOME RECEIVED from your side gig, hustle, small business, sole proprietorship etc. In our article from July 2022, we discuss the ways the IRS can find out if you’re hiding income from them.
Here in ourChicago south loop tax preparationoffice, and ourHomewood Illinois tax preparation office, we often work with clients that want to legally reduce their tax bill, without triggering an audit. For our self-employed clients that realize a net profit of $35,000-$40,000 we sometimes recommend that they utilize the S-Corp taxation option (rather than a disregarded entity taxation status), as the S-Corp option will allow them to take advantage of some pretty awesome tax deductions. Below are 3 end of the year things that S-Corps must make sure to have done.
MAKE SURE THAT YOU HAVE PAID YOURSELF A REASONABLE COMPENSATION VIA PAYROLL, AND THAT YOU HAVE PAID YOUR PAYROLL TAXES.
You likely formed an S corporation to save on self-employment taxes. If so, is your S corporation salary
nonexistent?
too low?
too high?
just right?
Getting the S corporation salary right is important. First, if it’s too low and you get caught by the IRS, you will pay not only income taxes and self-employment taxes on the too-low amount, but also both payroll and income tax penalties that can cost plenty. Second, in most cases, the IRS is going to expand the audit to cover three years and then add the income and penalties for those three years. Third, after being found out, you likely are now stuck with this higher salary, defeating your original purpose of saving on self-employment taxes. Make sure to work with your accountant to help figure out your salary. You should also make sure that you corporate minutes name your salary, and have documents that prove your salary is reasonable (you can use the market approach, the income approach, or the cost approach).
RENTAL OF PERSONAL RESIDENCE FOR UP TO 14 DAYS FOR TAX FREE INCOME.
If your S-Corp is paying you (or your spouse) as an individual rent to use your residential space for hosting business meetings, please do the following:
Research the going rate for conference/meeting room rental in your area. Please view our detailed YouTube video on how to use the 14 day free rental income tax rule, & find the rental rates that your S-Corp can pay individuals.
Invoice your corporation for room conference/meeting rental.
Create a conference/meeting room rental agreement, or order one from Howard Tax Prep LLC.
Write a check, send a zelle, cash app, etc. from your corporate bank account, to your personal bank account.
Document the business purpose with meeting minutes, & resolutions.
HOME OFFICE & CELLPHONE REIMBURSEMENT
If you operate as a corporation, your home-office deduction does not show on either your personal return or your corporate return if you have the corporation reimburse the office as an employee business expense. To reimburse as an employee business expense, you must do the 5 things listed below.
Have a written corporate reimbursement policy. We offer plans for home office, travel, and cellphone usage reimbursement.
Have employee (you) submit a reimbursement sheet, and keep track of cost for reimbursement.
Pay employee (you) from the corporation’s bank account.
Document business use of home office. For example, accounting, marketing, emailing clients, creating policies, planning meetings, etc.
LIST OF 12 MEETING IDEAS
Annual Meeting Minutes.
Recent Accomplishments.
Next Quarters Sales Goals.
Industry News.
Process Updates.
Customer/Client Feedback.
Design/Branding Review.
Marketing Plan.
Annual Budget Meeting.
Review of compliance records.
Board of Directors Decisions.
Annual Financial Performance Review.
Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, business insurance, or business compliance assistance please contact us online, or call our office at 855-743-5765. Make sure to join our newsletter for more tips on reducing taxes, and increasing your wealth.
To summarize, the guidance says that if a taxpayers PPP loan is forgiven based upon lies, or leaving things out (misrepresentations or omissions) the taxpayer cannot exclude the forgiven loan income from taxation; basically, you will have to pay taxes on the loan amount that you received.
According to the IRS, while many small business owners were entitled to receive the loan (and properly claimed the PPP loan forgiveness), there are many taxpayers who weren’t eligible for the loan, or loan forgiveness. Some taxpayers lied to receive the PPP loan funds, while other’s spent the loan proceeds on ineligible items.
Per IRS Issue Number IR-2022-162: “Under the terms of the PPP loan program, lenders can forgive the full amount of the loan if the loan recipient meets three conditions.
1 – The loan recipient was eligible to receive the PPP loan. An eligible loan recipient:
is a small business concern, independent contractor, eligible self-employed individual, sole proprietor, business concern, or a certain type of tax-exempt entity;
was in business on or before February 15, 2020; and
had employees or independent contractors who were paid for their services, or was a self-employed individual, sole proprietor or independent contractor.
2 – The loan proceeds had to be used to pay eligible expenses, such as payroll costs, rent, interest on the business’ mortgage, and utilities.
3 – The loan recipient had to apply for loan forgiveness. The loan forgiveness application required a loan recipient to attest to eligibility, verify certain financial information, and meet other legal qualifications.
If the 3 conditions above are met, then under the PPP loan program the forgiven portion is excluded from income. If the conditions are not met, then the amount of the loan proceeds that were forgiven but do not meet the conditions must be included in income and any additional income tax must be paid.”
Per IRS Issue Number IR-2022-162: “Taxpayers who inappropriately received forgiveness of their PPP loans are encouraged to take steps to come into compliance by, for example, filing amended returns that include forgiven loan proceed amounts in income.” In essence, if you know that you lied about how you spent the PPP (paycheck protection program) funds, take the lie back by amending (changing) your tax return to reflect the truth.
IRS Commissioner Chuck Retting said: “This action underscores the Internal Revenue Service’s commitment to ensuring that all taxpayers are paying their fair share of taxes.” “We want to make sure that those who are abusing such programs are held accountable, and we will be considering all available treatment and penalty streams to address the abuses.”
If you, or someone you know had a person “do your PPP loan” (complete the application, and get you the funds), and you need assistance with amending your tax return, please reach out to us for assistance.
In our South Loop Chicago tax preparation office, and in our Homewood, Il tax preparation office, we often receive calls from people that have not filed taxes in years, and they want to know how the IRS knows how much income they have receive. So how does the IRS know when a small business owner is POTENTIALLY hiding income? The IRS has many methods to detect the underreporting of income such as: taxpayer interviews, income probes, Indirect methods, accounting records; QuickBooks files, cash expenditures, bank deposits, net worth, and more; however, this article will be covering a method called the vertical analysis.
The vertical analysis method identifies the differences between gross income, and net profit reported by the business owner, and the industry standards gross income and net profit. In plain English, the IRS compares what businesses owners say their profit is in relation to expenses, to what other people in the same industry say their profit is in relation to expenses. So what data, or statistics does the IRS use to create the comparison? The IRS uses a website called Bizstats.
Information in Bizstats expresses expense categories as a percentage of revenue. Per the IRS “Potential underreporting of income which equals 10% or more of the reported income should be resolved with the taxpayer’s assistance.”
To give an example, let’s say that we have a caterer that reports $65,000 in gross sales, and $50,000 in expenses, leaving them with a profit of $15,000. The caterer’s expenses to sales ratio is 77% ($50,000 in cost to make sales (expenses)/revenue brought in.) If the industry standard is 60%, the IRS might believe that the taxpayer is hiding an additional $18,333 in revenue (50,000/60%=$83,333. $83,333-$65,000=$18,333).
So who is Bizstats? Per their website, “BizStats is owned and operated by Bizminer of Camp Hill, PA, a leader in online data analysis since 1998. Bizminer also publishes more than 9 million local and national industry statistical reports at its own web site at www.bizminer.com” Bizstats has business statistics and financial ratios for Sole proprietors, Corporations, S-Corporations, & Partnerships.
Where does Bizstats get it’s information? Per their website, Bizstats get it’s data from “the latest available IRS financial information in a useful, readable format.”
What are some drawbacks to Bizstats data? Bizstats are only available for 1 year, and the information is typically 3 years old. At the time of publication, the current stats were showing data from 2017.
How can I protect myself from a vertical analysis?
#1 Always report the GROSS income generated in your business. An accounting mistake that we often see in our Chicago South Loop tax preparation office, is that people don’t do bookkeeping, so instead of reporting their gross receipts, they report gross income less returns, refunds, etc. in the gross receipts area, which is not correct. Gross receipts are gross receipts, and you account for returns in a separate line item.
#2. Invoice clients, or keep copies of receipts if you’re in a business that doesn’t use invoicing.
#3. NEVER COMMINGLE YOUR FUNDS. Your business income and expenses need to be kept separate
1.) underpay your tax, leaving you open to IRS penalties, or 2.) overpay your tax, meaning you gave a gift to the government.
However, if you made an error on your tax return, don’t worry; there’s good news: you can undo your mistake! Here’s even better news: there are two special ways to fix your incorrect tax return that will save you from paying more to the IRS than you would otherwise. We’ll tell you all about them in this article. —there are two easy ways to fix it:
A superseding return
A qualified amended return
A superseding return is an amended or corrected return filed on or before the original or extended due date. The IRS considers the changes on a superseding return to be part of your original return.
A qualified amended return is an amended return that you file after the due date of the return (including extensions) and before the earliest of several events, but most likely when the IRS contacts you with respect to an examination of the return. If you file a qualified amended return, you avoid the 20 percent accuracy-related penalty on that mistake.
Superseding Return Example
You file a joint Form 1040 tax return electronically on February 21, 2022, for tax year 2021, but you later decide you want to file a separate return. Since the joint-filing election is irrevocable, on or before April 15, 2022 (which is the unextended due date for your 2021 Form 1040), you must file a superseding return to undo the joint election.
IRS electronic filing rules for amended returns do not permit you to file this superseding return electronically, because you are changing your filing status (from married, filing jointly, to married, filing separately). That being said, your only other option is to use “snail mail.” Using a paper return via snail mail, you’ll submit either:
1.) A second original Form 1040 return using the married-filing-separately filing status, or 2.) An amended Form 1040X showing the change from joint to separate filing status. Be sure to write “SUPERSEDING RETURN – IRM 21.6.7.4.10” in red at the top of page 1 of either Form 1040 or Form 1040X.
Qualified Amended Return Example
You realize your return preparer left a $30,000 IRA distribution off your 2019 tax return. Ouch! Let’s assume you are in the 32 percent tax bracket and had no federal income tax withholding on the distribution: you owe an additional $9,600 in federal income tax on your 2019 tax return due to this distribution.
If you file an amended return before the IRS contacts you about the missing income, then it’s a qualified amended return, and you avoid $1,920 (20percent of $9,600) in audit penalties.
If you don’t file the amended return, and if the IRS contacts you about the missing income, the IRS will propose the $1,920 penalty. You may be able to request penalty relief, but you’ll have to make your case, and the facts may or may not be on your side.
In both circumstances, you’ll also pay interest on the $9,600 back to July 15, 2020 (the COVID-19-postponed 2019 Form 1040 due date). Of course, the earlier you pay the tax, the less interest you’ll accrue. You’ll pay less interest with a qualified amended return because you’re paying the tax sooner.
If you are married like many of our clients in our Chicago south loop tax preparation office, most likely you’ve always filed a joint tax return with your spouse. Most of the time, a joint return shows less overall tax than two separate tax returns do, because the married-filing-separately status has many tax disadvantages.
Fast-forward to the 2020 tax filing season, however—and nothing is as it was. This year, four tax provisions will be key to determining whether you’ll be better off filing a joint tax return or separate tax returns for tax year 2020:
Tax-free unemployment
Recovery rebate, round 1
Recovery rebate, round 2
Recovery rebate, round 3
Tax-Free Unemployment
TheAmerican Rescue Plan Act of 2021, which was signed into law on March 11, 2021, excludes from tax the first $10,200 of 2020 unemployment benefits paid to an individual with 2020 modified adjusted gross income (MAGI) of less than $150,000.
Recovery Rebate, Round 1
The recovery rebate, round 1, is a refundable tax credit on the 2020 tax return, equal to
$1,200 ($2,400 on a joint return), plus
$500 for each dependent under age 17.
Your credit decreases by 5 percent of the amount your adjusted gross income (AGI) exceeds
$150,000 if married, filing a joint return;
$112,500 if head of household; or
$75,000 if single or if married, filing separately.
The IRS gave you an advance payment of this credit based on either your 2018 or 2019 AGI and dependents. And now the IRS looks at your 2020 tax return and does the following:
Smiles on you if the tax credit based on your 2020 tax return exceeds the advance payment. What do we mean by “smiles on you”? You get the additional amount as a refundable tax credit.
Smiles on you (again!) if your actual credit is less than the advance payment. You keep the money. You don’t have to pay back any excess received.
Recovery Rebate, Round 2
This is a refundable tax credit on the 2020 tax return, equal to
$600 ($1,200 on a joint return), plus
$600 for each dependent under age 17.
Your credit decreases by 5 percent of the amount your AGI exceeds
$150,000 if married, filing jointly;
$112,500 if head of household; or
$75,000 if single or if married, filing separately.
The IRS gave you an advance payment of this credit based on your 2019 AGI and dependents. And now the IRS looks at your 2020 tax return and
Smiles on you if the tax credit based on your 2020 tax return exceeds the advance payment. What do we mean by smiles on you? Once again, you get the additional amount as a refundable tax credit.
Smiles on you (again!) if your actual credit is less than the advance payment. You keep the money. You don’t have to pay back any excess received.
Recovery Rebate, Round 3
This is a refundable tax credit on the 2021 tax return, equal to
$1,400 ($2,800 on a joint return), plus
$1,400 for each dependent, regardless of age.
Your credit phases out over the following AGI ranges:
$150,000 to $160,000 if married, filing jointly;
$112,500 to $120,000 if head of household; or
$75,000 to $80,000 if single or if married, filing separately.
The IRS will give you an advance payment of this credit based on your 2019 or 2020 AGI and dependents. If your first advance payment used your 2019 return information, then the IRS will send an additional payment based on your 2020 tax return if the IRS processes your 2020 tax return by August 15, 2021.
You then reconcile your advance payment(s) on your 2021 tax return:
If your actual credit amount exceeds the advance payment, you get the difference as a refundable credit.
If your actual credit is less than the advance payment, you keep what you have. You don’t have to pay back the excess benefit.
There are two main reasons you may have net lower federal tax with separate returns versus a joint return.First, if your MAGI is $150,000 or more on a joint return, but the spouse who received the unemployment compensation earns under $150,000 on a separate return, then that spouse can take the full exclusion up to $10,200 (except possibly in a community property state).
Second, if one spouse has AGI of $75,000 or less, but your joint AGI is over $150,000, then that spouse can claim the dependents and get all the available round 1 and round 2 credits on the 2020 tax return as well as the entire round 3 advance payment.
When considering the above, keep two important notes in mind:
For a couple that got joint advance payment(s), the law says you allocate 50 percent of the payment to each spouse. The higher-earning spouse doesn’t pay back any of his or her allocated advance payment, while the lower-income spouse will get the difference as a refundable tax credit.
Married taxpayers who agree how to allocate dependents on separate returns do not have to use the “tiebreaker” rules and can choose who claims which dependents.
Important note. You may lose other deductions and credits on a separate return. The only way to know which is better in light of these temporary provisions is to run your tax returns both ways and see which puts you ahead. For example, separate returns can change your health insurance premium tax credit and perhaps some non-tax items such as your Medicare premiums.
SMALL BIZ TAX LADY 