BUSINESS FORUM

Tax Gifts for Self-Employed

December 26, 2019 by Pamela Avraham

Tis the Season – Now is the time for business owners to review potential tax saving possibilities. People who are self-employed have many opportunities to cut taxes that regular employees don’t have.

Health Insurance– Self-employed individuals can deduct health-insurance costs above-the-line. That’s better than deducting them on Schedule A, ( Itemized Deductions) where they are limited.

If the spouse of the owner is an employee and the insured person on the medical insurance, then the medical insurance premiums can be deducted directly on Schedule C as a business expense.

Health insurance premiums paid for long-term care insurance may also be deducted (with some limitations) above-the-line for self-employed business owners.

Qualified Business Income (QBI) Deduction– The 2017 tax overhaul added a QBI deduction of 20% of the net income of self-employed people. Depending upon the type of business, the 20% deduction may be limited when taxable income is $160,700 for single filers and $321,400 for married couples filing jointly. Self-employed workers whose incomes will exceed the limits may get below them by making tax-deductible donations to charity before year-end or contributing more to tax-deductible retirement plans.

Self- employed business owners whose taxable incomes are over the limits, may still receive the QBI deduction depending upon the type of business and subject to additional limits. The amount of the tax deduction will vary depending on the specific taxpayer circumstances.

Office in the Home Deduction– Many self-employed individuals operate their businesses from their home. If you qualify for the home office deduction, you can deduct all direct expenses and part of your indirect expenses involved in working from home. Indirect expenses are costs that benefit your entire home, such as rent, deductible mortgage interest, real estate taxes, and homeowner’s insurance. You can deduct only the business portion of your indirect expenses.

More people are taking the now higher standard deduction or their real estate tax deduction is limited as a result of the state and local income tax limitation. By deducting office in the home expenses, one can deduct a portion of the mortgage interest and real estate taxes that otherwise may be not be deductible.

Retirement Plan Contributions- Self-employed individuals can often make larger tax-deductible contributions to retirement plans than employees. The 2019 contribution to a traditional IRA is a maximum of $7,000. The 2019 limits are over $50,000 for SEP IRAs and Solo 401(k)s.

Retirement Plan Deadlines– For 2019, traditional IRAs can be set up and funded until April 15, 2020. The deadline for a SEP-IRA maybe as late as Oct. 15, 2020 if a valid extension is filed. It is important to remember that requesting a filing extension does not provide an extension on paying the taxes that will eventually be due. The Solo 401(k)s have a catch: for 2019, the contribution deadline can be as late as Oct. 15, 2020. However, the plan must be set up by Dec. 31, 2019.

Review Estimated Taxes– Self-employed workers usually owe estimated taxes. There is a penalty for underpayment. For self-employed who also have W-2 wage income earned either by them or their spouses one can avoid quarterly taxes by increasing their withholding on wages. If the wage-earner doesn’t increase his withholdings until late in the year, that is fine- as long as the IRS receives about 90% of the total tax due by year-end.

Everyone’s tax and financial situation is different. Please contact a tax professional at Urbach & Avraham, CPAs about your business tax options.

Handling Employees in Several States

December 9, 2019 by Pamela Avraham

When you have employees who live in one state and work in another, things can get a bit tricky. Learn the basic rule — you generally pay taxes in the state where your team works, but it can get complicated.

Do you have employees who live in one state and work in another? You may run into this if:

Your company is located near a state border.
You have employees who travel to job sites in other states.
You have employees who work remotely.
You are expanding into new states.

Having some basic understanding of what happens will help you make the right decisions about classifying wages and avoiding penalties or amended filings later. Both state unemployment and withholding taxes should generally be paid to the employee’s work state, but there are exceptions; the twist is that state laws are quite literally all over the map. You may want to be familiar with the state legislation that applies to your team. Here are the basics.

Reciprocity agreements

Some states that border each other have entered into agreements related to allowing employees who live in one state but work in another, to have their withholding tax paid to the work state.For example, an employee who lives in Pennsylvania but commutes to southern New Jersey, for a job can have withholding tax paid to Pennsylvania rather than the work state. This is also known as courtesy withholding, and it means the employee can file one tax return each year, which helps simplify things. Have your employee complete a nonresidency certificate to excuse him/her from tax withholding in the work state. Let your payroll provider know that your employee has an agreement in place.

If there’s no reciprocal agreement, your employee will most likely have to pay both nonresident and resident state income tax. But luckily, most states grant a tax credit to avoid being taxed twice.

Each state may have its own twist on taxation, so it’s best to check the local situation and not make any assumptions.

The unemployment tax situation is usually straightforward. When an employee is working in multiple states or working remotely for a company based in another state, you withhold state unemployment tax only in the state in which the employee is working.

When it gets complicated

Today’s remote-work world means situations that were rare or unheard of a generation ago are now commonplace. That means more tax complexity.

For example, consider an employee who works from his log cabin in upstate New York, but your company is located in Maryland — you’ll have to pay all state taxes to New York because that’s where the work is actually being completed.

Or at that same Maryland company, you have an employee who needs to work in Maine temporarily for three months. For nine months, you pay taxes in Maryland, and for three months, you pay taxes in the Pine Tree State.

Most of this information is general. It can get complicated, and there are exceptions and special circumstances. Consult with a tax professional at Urbach & Avraham, CPAs to review your cross-border workforce, and we’ll help you organize your payroll tax system accordingly.

Conducting Business in Multi-States

December 8, 2019 by Pamela Avraham

Year-end is a good time to review all operations and to ascertain if you are doing business in additional states. No matter where your company is headquartered, there’s a good chance you conduct business across other state borders. How do taxes work in this situation? Learn about multi-state taxes to ensure that your business is registered with each appropriate secretary of state, and collecting and submitting the proper taxes.

If your business is headquartered in one state, but you sell your products across the border, do you have to pay taxes in the recipients’ state? This answer depends largely on whether you have what is referred to as a “nexus,” meaning an establishment in the recipients’ state. So what is a nexus and what constitutes an establishment?

Any of the following might create a nexus in a given state:

A temporary or permanent office
A warehouse
A storage locker
A sales representative based in that state

The rules have a lot of subtleties, however, and each state may have slightly different interpretations of how the rules work, further complicating the issue. Take for example, New Jersey, which does a lot of cross-border business with New York and Pennsylvania. New Jersey says any of the following may create nexus:

Selling, leasing, or renting tangible personal property or specified digital products or services
Maintaining an office, distribution house, showroom, warehouse, service enterprise (e.g., a restaurant, entertainment center, business center), or other place of business
Having employees, independent contractors, agents, or other representatives (including salespersons, consultants, customer representatives, service or repair technicians, instructors, delivery persons, and independent representatives or solicitors acting as agents of the business) working in the state

Of course, regulatory changes and court cases can change this interpretation at any time. Indeed, the New York State Department of Taxation and Finance issues more opinion letters on sales tax issues than on all other state taxes combined. Many states are desperate for additional tax revenues and are very ingenious at identifying out-of-state businesses operating in their jurisdiction.

With 45 states imposing a sales tax, it’s essential you stay in touch with us to ensure that you’re in compliance. Contact one of our tax professionals at Urbach & Avraham, CPAs to review your multi-state tax situation.

Compensation- or Dividend in Disguise?

December 5, 2019 by Pamela Avraham

When your corporation has a profitable year, do you take more salary or pay yourself a year-end bonus? Since you are pivotal to your company’s success, paying yourself more in the good years only makes sense. Increasing or decreasing your compensation from year to year based on company performance can also help manage your company’s cash flow — and the amount of income taxes it has to pay.

Tax Impact

A corporation may deduct compensation as a business expense if it is reasonable in amount. Distributing profits as salaries and bonuses can help minimize taxable corporate income, although you and other recipients will be taxed individually on the compensation you receive.

You may decide that paying additional compensation is preferable to paying out profits as dividends. Unlike compensation, dividends are not deductible. Result: C-Corporate profits are taxed twice — once at the corporate level and again to the shareholders who receive the dividends.

A Word of Caution

If the amount of compensation paid to you and other shareholder-employees is deemed to be unreasonable, the IRS could challenge your company’s deduction for the expense, reclassifying the “excessive” amounts as nondeductible dividends. This applies to C-Corporations.

To potentially reduce the chances of problems with the IRS, consider these strategies:

Divide the profits and pay out a portion as bonuses. Leave enough money in the company to generate a small amount of taxable income.
When setting bonuses, avoid using ownership percentages to determine the amounts shareholders will receive, since that method suggests the payment of dividends.
Adopt and follow a formal compensation plan for executives that includes bonus payments based on meeting specified financial goals.
Earmark a portion of company profits for dividends. Individual shareholders will generally pay federal income tax on qualified dividends at a maximum rate of 20%, which is significantly lower than the maximum rate on compensation and other ordinary income.

What is reasonable compensation? The following factors must be considered :

The profession
Your specialty within the profession
Years of experience
Geographic area of business
Job responsibilities

Your tax situation, profession and circumstances are unique. Jeff Urbach, CPA and partner at Urbach & Avraham, CPAs is an expert is determining reasonable compensation. Jeff is also a CVA (Certified Valuation Analyst) and an ABV (Accredited in Business Valuations). Contact us for a consultation regarding your situation.

Retirement Savings Credit- Who Can Benefit?

December 3, 2019 by Pamela Avraham

It’s not always easy to keep contributing to your employer-provided retirement plan. Bills and unexpected expenses can eat up most of your salary, leaving little for retirement savings. You might be tempted to forget about it until you start earning more money.
But before you stop or cut back (or never start) contributing to your plan, understand that you could be entitled to a federal tax credit called the Retirement Savings Contributions Credit, or Saver’s Credit, if you meet certain income requirements. In effect, the credit repays a percentage of the contributions you make to your 401(k) or other retirement savings plan by reducing your income tax liability for the year. It may be just the thing that enables you to keep participating in your retirement plan or increase your contributions.
What It Is?
The credit is a percentage — 50%, 20%, or 10% — of up to $2,000 in qualified retirement savings contributions for a maximum credit of $1,000 (or twice that amount for a married couple filing jointly who each contribute $2,000). The percentage depends on adjusted gross income (AGI) and filing status. The credit is available for contributions to a 401(k), 403(b), governmental 457(b), SIMPLE IRA, or salary reduction SEP as well as for traditional and Roth IRA contributions.

Who Qualifies? To claim the credit, you must be at least age 18, not claimed as a dependent on another person’s return, and not a full-time student. You will not be able to claim the credit if your AGI exceeds the top of the range for the 10% credit.

2019 Tax Credit
Percentage of Contribution: 50% 20% 10% 0%
Tax Filing Status Adjusted Gross Income
Married Filing Jointly $38,500 or less $38,501-$41,500 $41,501-$64,000 > $64K
Head of Household $28,875 or less $28,876-$31,125 $31,126-$48,000 > $48K
All other filers* $19,250 or less $19,251-$20,750 $20,751-$32,000 > $32K
*Single, married filing separately, or qualifying widow(er)

This is an excellent saving tool for those who just entered the workforce or those with a lower than usual income year. Everyone’s tax situation is different. Contact one of our tax professionals at Urbach & Avraham, CPAs to discuss your circumstances.