Tuesday, November 2, 2010

IRS to Get Tougher on Sole Proprietorships


Washington, D.C.
(November 1, 2010)

By WebCPA Staff

The Internal Revenue Service will be taking additional steps to check on whether sole proprietors are hiding sources of income during field audits.

A report by the Treasury Inspector General for Tax Administration found that IRS field examiners are generally effective in checking for unreported income during field audits of sole proprietors. However, the report recommended that the IRS could take further steps to determine if additional sources of income need to be reported.

While IRS field examiners generally check for unreported income, TIGTA found that the IRS could improve the accuracy of its preliminary cash transaction analyses by taking greater advantage of performance feedback mechanisms and ensuring that appropriate personal-living-expense data are being used. The preliminary cash transaction analysis involves little or no taxpayer burden, but uses tax return and personal expense data to determine whether the sole proprietor’s income and expenses are roughly equal.

“Tests for unreported income during IRS audits of sole proprietors are critical to the process of verifying that the correct amount of tax is reported,” said TIGTA Inspector General J. Russell George in a statement. “Our results indicate that sole proprietors may have avoided tax and interest assessments of over $8 million in fiscal year 2008.”

The IRS’s National Research Program estimated that unreported business income by sole proprietors accounted for $68 billion (or 20 percent) of the $345 billion tax gap. This is due in large part to resource constraints and the need to balance audit coverage across other segments of the tax return filing population, such as corporations and partnerships.

TIGTA recommended that the IRS issue guidance to group managers to provide specific written feedback to examiners on the adequacy of their tests for unreported income, and that the IRS reinforce the requirement and importance of using appropriate personal-living-expense data in preliminary cash transaction analyses. The IRS agreed with these recommendations and plans to take the appropriate corrective actions.

Tuesday, October 19, 2010

Tax Benefits of Hiring Your Children

As the owner of a business, you should be aware that you can save family income and payroll taxes by putting junior family members on the payroll. You may be able to turn high-taxed income into tax-free or low-taxed income, achieve social security tax savings (depending on how your business is organized) and even make retirement plan contributions for your child.

In addition, employment of a child age 18 (or if a full-time student, age 19–23) may be a way to save taxes on the child's unearned income, as explained below.

Here are the key considerations.

Turning high-taxed income into tax-free or low-taxed income. You can turn some of your high-taxed income into tax-free or low-taxed income by shifting some of your business earnings to a child as wages for services performed by him or her. In order for your business to deduct the wages as a business expense, the work done by the child must be legitimate and the child's salary must be reasonable.

For example, suppose a business owner operating as a sole proprietor is in the 35% tax bracket. He hires his 17-year-old daughter to help with office work full-time during the summer and part-time into the fall. She earns $5,700 during the year (and doesn't have earnings from other sources).

The business owner saves $1,995.00 (35% of $5,700) in income taxes at no tax cost to his daughter, who can use her $5,700 standard deduction for 2009 or 2010 to completely shelter her earnings. The business owner could save an additional $1,750 in taxes if he could keep his daughter on the payroll for a longer period and pay her an additional $5,000. She could shelter the additional amount from tax by making a tax-deductible contribution to her own IRA.

Family taxes are cut even if the child's earnings exceed his or her standard deduction and IRA deduction. That's because the unsheltered earnings will be taxed to the child beginning at a rate of 10%, instead of being taxed at the parent's higher rate.

Keep in mind that bracket-shifting works even if the child is subject to the kiddie tax. The kiddie tax only causes a child's investment income in excess of $1,900 for 2009 or 2010 to be taxed at the parent's marginal rate. It has no impact on the child's wages and other earned income, which can be sheltered by the child's standard deduction.

The kiddie tax applies to a child who is age 18 or a full-time student age 19 through 23, if the child's earned income for the year doesn't exceed one-half of his or her support. Thus, employing a child age 18 or a full-time student age 19–23 could also help to avoid the kiddie tax on his or her unearned income.

For children under age 18, there is no earned income escape hatch from the kiddie tax. But in all cases, earned income can be sheltered by the child's standard and other deductions, as noted above, and earnings in excess of allowable deductions will be taxed at the child's low brackets.

What about income tax withholding? Your business probably will have to withhold federal income taxes on your child's wages. Usually, an employee can claim exempt status if he or she had no federal income tax liability for last year, and expects to have none for this year. However, exemption from withholding can't be claimed if (1) the employee's income exceeds $950 for 2009 or 2010, and includes more than $300 of unearned income (such as dividends), and (2) the employee can be claimed as a dependent on someone else's return. Keep in mind that your child probably will get a refund for part or all of the withheld tax when he or she files a return for the year.

Social security tax savings, too. If your business is not incorporated, you can also save some self-employment (i.e., social security) tax dollars by shifting some of your earnings to a child. That's because employment for FICA tax purposes doesn't include services performed by a child under the age of 18 while employed by a parent. For example, let's say a sole proprietor who usually takes $120,000 of earnings from the business pays $5,700 to her 17-year-old child in 2009 or 2010. The sole proprietor's self-employment income would be reduced by $5,700, saving her $165.30 (the 2.9% HI portion of the self employment tax she would have paid on the $5,700 shifted to her daughter). This doesn't take into account a sole proprietor's income tax deduction for one-half of his or her own social security taxes.

A similar but more liberal exemption applies for FUTA, which exempts earnings paid to a child under age 21 while employed by his or her parent. The FICA and FUTA exemptions also apply if a child is employed by a partnership consisting solely of his parents.

Note that there is no FICA or FUTA exemption for employing a child if your business is incorporated or a partnership that includes non-parent partners. However, there's no extra cost to your business if you're paying a child for work you'd pay someone else to do, anyway.

Retirement benefits. Your business also may be able to provide your child with retirement benefits, depending on the type of plan it has and how it defines qualifying employees. For example, if it has a simplified employee pension, a SEP contribution can be made for the child up to 25% of his or her earnings but the contribution cannot exceed $49,000 for 2010 (and 2009). The child's participation in the SEP won't prevent the child from making tax-deductible IRA contributions as long as adjusted gross income (computed in a special way) is below the level at which deductions for IRA contributions begin to be disallowed. For 2010, that figure is $56,000 for a single individual ($55,000 for 2009).

If you have any questions about how these rules apply to your particular situation, please don't hesitate to call. Also keep in mind that some of the rules about employing children (such as the maximum amount they can earn tax-free) change from year to year, and may require your income shifting strategy to change, too.

Tuesday, October 5, 2010

It's important to regularly check your credit report


It's important to regularly check your credit report for errors and to ensure that you have not become the victim of identity theft. Thanks to the federal Fair Credit Reporting Act, it is relatively easy to do (see right-hand box for details).

Eligibility for Free Credit Reports

The three nationwide credit reporting companies process consumer requests for free annual credit reports. Under an amendment to the Fair Credit Reporting Act, the credit bureaus are each required to provide consumers, upon request, a free copy of their credit report once every 12 months.
There is one central Web site, toll-free phone number, and mailing address to obtain free annual reports. To order, go to www.annualcreditreport.com, call 877-322-8228 or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
You can order reports from each of the three nationwide consumer reporting companies at the same time, or you can order from only one or two. The Federal Trade Commission notes: "Because nationwide consumer reporting companies get their information from different sources, the information in your report from one company may not reflect all, or the same, information in your reports from the other two companies."
To help you understand how credit reports are compiled, here are some answers to frequently-asked questions:

Q.
What makes a credit report good or bad?

A.
Your credit rating is based on a "FICO score." FICO is the acronym for the Fair Isaac Corporation, the company that developed the scoring model used by the three major credit bureaus, Trans Union, Equifax, and Experian.

For example, when you apply for a loan, the lender checks your score to determine whether you are creditworthy. Standards vary by loans and lenders. It's basically a tool that allows lenders to make decisions quickly.

Q.
What factors influence my score?

A.
Here's the breakdown:

Payment history (35 percent) - This portion is based on how diligent you've been at making timely payments in the past. Late payments mean a lower score. Also included in payment history are public record events such as bankruptcy and foreclosure.

Outstanding debt (30 percent) - This is based on your level of current debt, compared to the original balances on the loans. In other words, a person who uses 75 percent or more of his or her available credit would pose a greater risk of defaulting than a person who has the same amount of available credit but uses only 25 percent.

Credit life (10 percent) - How long have you had credit and how often do you use it?

Requests for credit (10 percent) - Another factor involves how often you apply for credit. Requesting several accounts in a short period of time may be seen as a sign of overextending yourself. When young people first get credit, they sometimes apply for new cards wherever they can. Although they are building credit, they risk incurring the rejection of other lenders when they want to make bigger purchases for homes or cars.

Types of credit (15 percent) -

This portion is determined by the credit you have. For example, a person with several secured credit cards may be a greater risk than a person with one unsecured loan who is paying on time.

Q.
What's a good score?

A.
A high credit score is a good indicator of a low credit risk. FICO scores range from 300 to 850. One mortgage lender looks at scores this way: A score of 660 is acceptable, 620 to 660 is uncertain, and a score below 620 is high risk. If people with high risk scores are able to get credit, the interest rate they're charged and the credit limit will reflect the risk. On the other side of the spectrum, a score above 720 or higher can bring better interest rates and fewer add-on fees.

So, let's say someone has a FICO score of 800 and applies for a loan. Based on the high score, the applicant will probably be approved, right? Not necessarily. Even with a great credit score, the person may not have sufficient income, a large enough down payment, or adequate time on the job to be a good risk. The score is only one of the factors used to make credit decisions.

Q.
What if my credit report contains errors?

A.
It's up to you to monitor your credit report and make sure it's error-free. It's not uncommon for a black mark on your credit to remain for years. Make a regular practice -- perhaps yearly -- of reviewing your credit report. If you find errors, complain in writing to the credit bureau, and include whatever documentation you have to prove your claim. If there are strikes against you that have been cleared up but are still appearing on your report, you can also contact creditors and ask them to remove the erroneous items from your record.

Q.
Besides lenders, can anyone else get a copy of my credit report?

A.
In addition to lenders, here are other parties that can obtain credit reports:

Landlords - Some people can't buy a home based on their credit, so they plan to rent until their credit improves. But many landlords want to see evidence of responsibility before they rent. People with bad credit can find themselves limited in terms of desirable neighborhoods.

Insurers - Insurance companies sometimes look at a poor credit history as an indication of future losses. Again, choices might be limited only to insurers that charge exorbitant premiums.

Prospective employers - Under the law, credits bureaus can provide reports to employers. Some companies use them to evaluate financial honesty, especially with applicants in cash-handling positions. If a person is not hired and the decision was based - even in part - on a poor credit rating, the law requires the employer to notify the applicant of that fact.
Q.
What about ads claiming to fix credit?

A.
If you've got bad credit, you might want to seek reputable professional help. But don't fall for a credit repair scheme. The Federal Trade Commission reports that some 2 million Americans have been victimized by unscrupulous companies that charge fees while promising to restore credit ratings, make bad credit histories disappear, provide new lines of credit and even create new credit identities. However, the agency warns: "Only time, a conscious effort, and a personal debt repayment plan will improve your credit report."

The bottom line: Your credit history can be a key to the future. A good report can open doors while a poor one can quickly slam them shut.

Saturday, October 2, 2010

25 Websites Offering Help for Small Businesses

From deciding whether to start a business, setting up or acquiring a business, raising capital, acquiring credit, marketing, social media marketing, working with customers, growing your business, working online, selling online and much more it’s vital to have access to resources you can depend on.

Below are websites that provide small business owners the much needed support, news, information, resources, and tools needed to succeed in business today.

  1. AllBusiness.com -AllBusiness.com has a variety of small business resources, advice, and business ideas for entrepreneurs and small businesses to start, manage, finance, and build a business.
  2. Bplans.com -Bplans.com offers free sample business plans, business plan software, business calculators, and articles on writing a business plan, starting a business, and other small business topics.
  3. Business.com -Business.com provides an extensive and helpful business search engine and business directory designed to help its users find the companies, products, services, and information they need to make the right business decisions.
  4. Business.gov -Business.gov helps small businesses understand their legal requirements and locate government services from federal, state and local agencies.
  5. Businesscreditblogger.com -Businesscreditblogger.com has been the go-to source for business credit information providing expert information about building business credit, business credit scoring, business credit reporting and business credit cards.
  6. Copyblogger.com -Copyblogger.com is an invaluable source for business owners wanting to learn more about how to gain more traffic, links, and subscribers for their company website.
  7. Credit.com -Credit.com covers all aspects of personal credit and includes free interactive tools and unbiased product comparisons.
  8. Entrepreneur.com -Entrepreneur.com offers a comprehensive range of practical information for small business owners including articles, videos, tools, newsletters, and message boards.
  9. EntreWorld.org -Entreworld.org is a collection of resources for entrepreneurs designed to support and help build entrepreneurial economies. The content on the site focuses on starting, growing and locating support for your business.
  10. Franchise.com -Franchise.com serves the franchise community by serving both as a unique search tool for finding the right business for sale and a franchise industry resource that offers franchise information, franchise industry news, and resources.
  11. Frannet.com -Frannet.com provides an overview of franchising and provides helpful advice and guidance to determine if you are suited to being a franchise owner.
  12. Inc.com -Inc.com is the online version of the magazine Inc. It provides information, products, services, and online tool for entrepreneurs.
  13. IRS Small Business One Stop Resource -The IRS Small Business Resource covers a broad range of tax resources for entrepreneurs and small business owners including workshops, forms, and publications.
  14. Knowthis.com -Knowthis.com is a leading information and resource website in marketing, market research, advertising, selling, promotion, and other marketing-related areas.
  15. MoreBusiness.com -MoreBusiness.com is filled with sample business plans, marketing plans, templates, sample contracts and business agreements to help entrepreneurs start and grow a small business.
  16. Mashable.com -Mashable.com is the top source for news in social and digital media, technology and web culture. The business section offers tips, tools, social media resources and guides you will find extremely helpful.
  17. SBA.gov -SBA.gov is run by the U.S. government and it is dedicated to helping small business owners by giving a wide range of sources for technical, managerial, and financial help and assistance.
  18. Score.org -The SCORE Association is a nonprofit and resource partner with the SBA. It offers a wealth of free online and face-to-face business counseling, mentoring, and training for startups or for existing businesses hoping to grow.
  19. Smallbiztrends.com -Smallbiztrends.com is an award-winning online publication for small business owners and entrepreneurs. A great resource to track, explore and learn from trends affecting the small business market.
  20. Socialmediatoday.com -Socialmediatoday.com helps teach business owners how to leverage the power of social media with insightful information, tools, tips, and strategies.
  21. Startupnation.com -Startupnation.com is a one-stop shop for entrepreneurs with easy-to-follow, practical information to start and grow a successful business.
  22. Toolkit.com -Toolkit.com offers more than 5,000 pages of free cost-cutting tips, step-by-step checklists, real-life case studies, startup advice, and business templates to small business owners and entrepreneurs.
  23. Vfinance.com -Vfinance.com is a great site for business owners searching for sources of venture capital. It provides a directory of venture capital firms and angel investor networks as well as sample business plan templates.
  24. Welcome Business USA -Welcome Business USA.com has an alliance with SCORE and is created exclusively for small businesses that are in their initial stages of development. A great resource if you’re thinking about starting a business.
  25. Youngentrepreneur.com -Youngentrepreneur.com is one of the largest online forum communities for entrepreneurs worldwide. Learn and network with business professionals including venture capitalists, private investors, industry experts, inventors, and successful entrepreneurs.

Friday, September 24, 2010

Small Business Stimulus Passes Congress


The House on Thursday passed the Small Business Jobs Act of 2010 (HR 5297) by a vote of 237–187, and sent it to the President, who is expected to sign the bill into law.

Small Business Tax Relief

The bill, which passed the Senate last week, expands loan programs through the Small Business Administration (SBA), strengthens small business preference programs for federal government projects, provides incentives for exporters, offers a variety of small business tax breaks and includes some revenue raisers.

Many provisions are targeted to assist small business operations through additional tax deductions and tax credits or exclusions. The bill would exclude from taxes certain capital gains on sales of small-business stock, and accelerate business tax write-offs for purchases of new equipment and other expenses.


Section 179 expensing and bonus depreciation.

The bill increases the maximum amount a taxpayer may expense under IRC § 179 to $500,000 and increases the phaseout threshold amount to $2 million for tax years beginning in 2010 and 2011. The first-year 50% bonus depreciation available under IRC § 168(k) is extended for one year to apply to property acquired and placed in service in 2010 (or 2011 for certain long-lived and transportation property). The bill also allows taxpayers using the percentage-of-completion method to take into account the cost of qualified property as if bonus depreciation had not been enacted.


Qualified small business stock.

The bill amends IRC § 1202 to increase the exclusion from gross income of gain from the sale or exchange of qualified small business stock from 50% to 100%, and the minimum tax preference does not apply. This provision applies to eligible stock acquired after the date of enactment and before Jan. 1, 2011.


Business credits.

The carryback period for eligible small business credits under IRC § 38 is extended from one to five years. The bill also allows taxpayers to use eligible small business credits to offset both regular and alternative minimum tax liability. Both provisions are effective for credits determined in tax years beginning after 2009.


Built-in gains tax.

For tax years beginning in 2011, the bill provides that for purposes of computing the section 1374 built-in gains tax, the recognition period is the five-year period beginning with the first day of the first tax year for which the corporation was an S corporation.


Self-employed individuals’ health insurance.

The bill allows self-employed individuals who deduct the cost of health insurance for themselves and their spouses, dependents, and children under 27 years old as of the end of the tax year to take the deduction into account in calculating net earnings from self-employment for purposes of SECA taxes. This provision applies to the taxpayer’s tax years beginning after 2009.


Startup expenses.

The bill increases the section 195 deduction for trade or business startup expenses from $5,000 to $10,000 for tax years beginning in 2010 and 2011. The start of the limitation on the deduction is increased from $50,000 to $60,000. So for 2010 and 2011 the amount of the deduction is the lesser of (1) the amount of the startup expenses or (2) $10,000, reduced (but not below zero) by the amount by which the startup expenditures exceed $60,000.


Reportable and listed transactions.

The bill limits the section 6707A penalty for failure to disclose a reportable transaction (that is, a transaction determined by the IRS to have a potential for tax avoidance or evasion) to 75% of the decrease in tax resulting from the transaction. The maximum annual penalty allowed will be $10,000 in the case of a natural person and $50,000 for all other persons for failure to disclose a reportable transaction. For listed transactions, the maximum penalty will be $100,000 in the case of a natural person and $200,000 for all other persons. The minimum penalty is $5,000 for natural persons and $10,000 for all other persons.

The bill also requires the IRS to report to Congress by Dec. 31, 2010, and then annually, on penalties assessed for certain tax shelters and reportable transactions (under sections 6662A, 6700(a), 6707, 6707A and 6708). The penalty under section 6707A has been criticized because the penalty amounts often exceed the tax benefit of the targeted transactions. The IRS has since last July been working under a self-imposed moratorium on collection enforcement of the section 6707A penalty to give Congress time to amend the penalty amounts. The AICPA has recommended that the IRS be allowed to abate the section 6707A penalty in cases where the taxpayer has acted reasonably and in good faith. The AICPA also believes that judicial review should be allowed in cases where the IRS has assessed a penalty under section 6707A. The bill does not adopt either of these recommendations.


Cell phones.

The bill removes cell phones from the definition of listed property. Thus, the heightened substantiation requirements and special depreciation rules that apply to listed property under IRC § 280A will no longer apply to cell phones. However, the Joint Committee on Taxation notes that this change “does not affect Treasury’s authority to determine the appropriate characterization of cell phones as a working condition fringe benefit under section 132(d) or that the personal use of such devices that are provided primarily for business purposes may constitute a de minimis fringe benefit, the value of which is so small as to make accounting for it administratively impracticable, under section 132(e).”


Revenue Raisers

The bill also contains several revenue-raising provisions.


Reporting rental income.

The bill makes recipients of rental income from real estate generally subject to the same information reporting requirements as taxpayers engaged in a trade or business. In particular, rental income recipients making payments of $600 or more to a service provider (such as a plumber, painter or accountant) in the course of earning rental income are required to provide an information return (typically Form 1099-MISC) to the IRS and to the service provider. This provision will apply to payments made after Dec. 31, 2010.


Information returns.

The bill also increases the penalties for failure to file a correct information return. The first-tier penalty increases from $15 to $30, and the calendar-year maximum increases from $75,000 to $250,000. The second-tier penalty increases from $30 to $60, and the calendar-year maximum increases from $150,000 to $500,000. The third-tier penalty increases from $50 to $100, and the calendar-year maximum increases from $250,000 to $1,500,000. For small business filers, the calendar-year maximum increases from $25,000 to $75,000 for the first-tier penalty, from $50,000 to $200,000 for the second-tier penalty, and from $100,000 to $500,000 for the third-tier penalty. The minimum penalty for each failure due to intentional disregard increases from $100 to $250.




As always, please call us if you'd like more information or to sit down and discuss how these changes in the tax law impact your business.


Thursday, September 9, 2010

Will You See Higher Tax Rates in 2011?


Will You See Higher Tax Rates in 2011?

The year was 2001. The top marginal federal income tax bracket was 39.6%, and the tax rate that applied to most long-term capital gains was 20%. Then came the Economic Growth and Tax Relief Reconciliation Act of 2001, followed two years later by the Jobs and Growth Tax Relief Reconciliation Act of 2003. By mid-2003, the top marginal tax rate was 35%, and the 20% capital gains rate had dropped to 15%. But this tax relief was designed to be temporary--the provisions that established lower rates were crafted to self-expire after a period of time. And now, in 2010, we're only months away from seeing those provisions expire.

Federal income tax brackets

Right now, there are six marginal income tax brackets: 10%, 15%, 25%, 28%, 33%, and 35%. For 2010, these brackets apply to married couples filing joint federal income tax returns in the following manner:

2010 Marginal Income Tax Brackets
Married Filing Jointly
Taxable Income Marginal Tax Rate
Not over $16,750 10%
Over $16,750 to $68,000 15%
Over $68,000 to $137,300 25%
Over 137,300 to $209,250 28%
Over 209,250 to $373,650 33%
Over $373,650 35%

As it stands now, these marginal tax brackets will expire at the end of 2010. There would be no 10% bracket for 2011, and the remaining bracket rates would return to their original 2001 levels: 15%, 28%, 31%, 36%, and 39.6%.

Long-term capital gain tax rates

For 2010, if you sell shares of stock that you've held for more than a year, any gain is long-term capital gain, generally taxed at a maximum rate of 15%. If you're in the 10% or the 15% marginal income tax bracket, however, you'll pay no federal tax on the long-term gain (a 0% tax rate applies). That means if you're a married couple filing a joint federal income tax return, and your taxable income is $68,000 or less, you'd pay no federal tax on the gain.

However, these rates are also scheduled to expire at the end of 2010. Absent new legislation, in 2011, a 20% rate will generally apply to long-term capital gains. Individuals in the 15% tax bracket (remember, there won't be a 10% bracket in 2011) will pay the tax at a rate of 10%. Special rules (and slightly lower rates) will apply for qualifying property held for five years or more.

Finally, while qualifying dividends are taxed in 2010 using the same capital gain tax rates described above (i.e., 15% and 0%), in 2011 they'll be taxed as ordinary income.

Will Congress take action?

In the proposed 2011 budget submitted to Congress in February, President Obama asked for a permanent extension of the current 10%, 15%, and 25% marginal income tax brackets, and an expansion of the current 28% tax bracket. The current 33% and 35% brackets would be allowed to expire, resulting in the top two marginal rates for 2011 returning to 36% and 39.6%. The expanded 28% bracket would be calculated in a way that would allow individuals earning less than $200,000 (less the standard deduction amount and one exemption) and married couples filing jointly earning less than $250,000 (less the standard deduction and two personal exemptions) to escape taxation at the top rates.

The President also proposed making the current tax rates that apply to long-term capital gain (i.e., the 0% and 15% rates) permanent, but adding a new 20% rate for those in the newly reestablished 36% and 39.6% brackets.

Will Congress act, or will it simply let current rates expire? There's plenty of time before 2011, so stay tuned …

Wednesday, August 25, 2010


Eight Things to Know If You Receive an IRS Notice

Did you receive a notice from the IRS this year? Every year the IRS sends millions of letters and notices to taxpayers but that doesn’t mean you need to worry. Here are eight things every taxpayer should know about IRS notices – just in case one shows up in your mailbox.

  1. Don’t panic. Many of these letters can be dealt with simply and painlessly. Also the IRS is not always correct - so don't automatically assume you owe the amount the notice reflects.
  2. There are number of reasons the IRS sends notices to taxpayers. The notice may request payment of taxes, notify you of a change to your account or request additional information. The notice you receive normally covers a very specific issue about your account or tax return.
  3. Each letter and notice offers specific instructions on what you need to do to satisfy the inquiry.
  4. If you receive a correction notice, you should review the correspondence and compare it with the information on your return.
  5. If you agree with the correction to your account, usually no reply is necessary unless a payment is due.
  6. If you do not agree with the correction the IRS made, it is important that you respond as requested. Write to explain why you disagree. Include any documents and information you wish the IRS to consider, along with the bottom tear-off portion of the notice. Mail the information to the IRS address shown in the upper left-hand corner of the notice. Allow at least 30 days for a response.
  7. Most correspondence can be handled without calling or visiting an IRS office. However, if you have questions, call the telephone number in the upper right-hand corner of the notice. Have a copy of your tax return and the correspondence available when you call, to help us respond to your inquiry.
  8. It’s important that you keep copies of any correspondence with your records.

For more information about IRS notices and bills, see Publication 594, The IRS Collection Process. Information about penalties and interest charges is available in Publication 17, Your Federal Income Tax for Individuals. Both publications are available at IRS.gov or by calling 800-TAX-FORM (800-829-3676).

Of course, we are available to assist you in crafting your response and/or representing you in defending your return.




Thursday, July 22, 2010

Time to Rethink Financial Strategies?

The recent credit crisis is just a reminder of the importance and benefits of having a sound strategy that you can use to navigate through turbulent times. We can help you make intelligent financial decisions for the future of your business. In the meantime, here are some tips Charlie, Mike, Danielle and I compiled to help you assess your current financial condition and start re­thinking your business plan to face the current economic challenges.

  1. Don't react to the news emotionally. It's difficult to make sound decisions if you do. To get a better sense of where you stand, begin by reviewing your cash position and anticipated cash needs. Are they in line with your business's short-term needs, goals and risk tolerance?
  2. Take a fresh look at your monthly income and expenses. Have you been meeting your budgeted projections? (You do have a budget?) How much of a drop in revenues can your business withstand and for how long? What are your cash-flow needs for the next 90 to 120 days? Or 120 to 180 days? Do you have sufficient cash reserves for the next 30 to 60 days?
  3. Check with your lenders on the status of your credit lines. Are you in compliance with their terms? Will your bank renew their commitments at similar amounts, rates and terms?
  4. Eliminate your reliance on credit by disciplining your spending.
  5. Refocus on your balance sheet and how much credit you are extending to your customers.
  6. If your credit lines are frozen or at their maximum limits, consider meeting with vendors and working out a schedule of partial payments that would allow continued delivery of critical materials and supplies.
  7. Look into alternative types of financing. Some to be considered are loans on life insurance policies, loans from key customers that rely on your business for their materials and supplies, local development agencies or the U.S. Small Business Administration.
  8. Keep an eye on your accounts receivable. Watch for new patterns of slow payments and follow up immediately. Review your largest and riskiest accounts to determine whether credit constraint or economic slowdown will affect their ability to pay you. Keep receivables aging current at all times.
  9. Manage accounts payable more closely. Forfeiting early pay discounts may be more advantageous in preserving cash that may be needed for critical items. Keep payables aging current at all times because that's an important tool for managing cash.
  10. Analyze your expenses and determine which ones can be controlled. Can you reduce spending in any areas to put less of a burden on your cash-flow needs? As necessary, communicate to staff/team members about the need to tighten spending. If you are a manufacturer, review inventory management practices. Are there opportunities to reduce your on-hand inventory? Service companies should make sure they're capturing all their billable hours and invoicing promptly. Have you billed all your contractual items? How about all your pass-through expenses, such as billable third-party services and travel and living expenses?
  11. Consider ways to pass your increased costs (i.e., fuel expense) on to your customers.
  12. Check the safety of any cash deposits you have. On October 3, 2008 the FDIC deposit insurance was temporarily raised from $100,000 to $250,000 per depositor through December 31, 2009. If you have more than $250,000 in any one bank, move the excess to another FDIC insured bank. Consider investments such as CDARs (Certificates of Deposit Account Registry) to spread the risk of short- to medium-term cash you may have invested in CDs.
  13. Don't engage in panic selling of your investments. Make sure your portfolio is diversified and in accordance with your risk tolerance.
  14. Come up with a plan NOW to respond to future declines in revenues, before they actually occur. Re-think your business strategies and update projections. Review your product/service lines to identify the most profitable items and determine how to leverage for future growth in profits.
  15. Contact your good customers. Even casual discussions can lead to new business opportunities.
  16. Review all your insurance coverage, particularly any from companies with weak balance sheets. Be careful not to surrender a policy, as securing new coverage might require underwriting that can affect your coverage.
  17. Calm your employees' fears about how this crisis will affect the company, their jobs and their retirement or other benefit plans. Speculation and gossip are counterproductive, so it's better to address their concerns directly.

We can help you evaluate your balance sheet as well as help develop a budget and integrate it in your QuickBooks data.


10 Planning Questions for Your Business


How well are you managing your business? Is your planning helping you steer the business well? Are you controlling your own destiny? Are you satisfied with the business as is, or do you think you can do better?

Starting, growing and even surviving in business is a matter of navigating through the tough times and steering in the right direction. And that's planning.

It may not be a formal business or marketing plan document, but it better be planning and tracking and reviewing; or else you're not really managing.

With that in mind, test yourself on your planning and planning process by answering these 10 questions for your business. And unless you're a one-person business, ask yourself whether all the key players will answer these questions:


1. How do you define success?

Seems simple but it's critically important and often forgotten. Success might be growth or sales or profits or being able to take off at 3:30 p.m. to coach the kids' soccer team. Fame, fortune, independence, proving yourself right, controlling your time... they're all images of success. Some conflict with others. Do you know what success is for you?


2. What's your strategic focus?

Business strategy is like sculpture: it's about what you take away and what you leave behind. It’s as much about who isn’t your target market as who is. And as much about what you’re not doing as what you are. How are you different? What would your customers say? Do you know your strategic focus, and do your team members know it?

3. What are the main tasks?

You could call it tactics, business activities, programs, priorities or something else; what’s important is that you know what’s coming up and why. Strategy means nothing without concrete specific business actions to implement it. Do you know what’s next? If you’re part of a team, does the whole team know?

4. Do you have task dates and deadlines?

Sorry, but it’s simply human nature; things are more likely to happen right when somebody assigns dates and deadlines. People need to have concrete goals and they need to know results will be tracked.

5. Does every task have an owner?

You need to assign responsibilities to specific people, not groups or committees. Do you really know who’s doing what? Does everybody on the team know? Is peer pressure in operation, with metrics that measure performance, and that, preferably at least, all the key players can see? We’re looking at accountability here, and that’s vital to management. Business needs owners, owners need metrics, and metrics need tracking.

6. Do you know how to measure task results?

This is about metrics. Metrics and tracking generate accountability and management. People like metrics to work on. A good check on tasks is whether or not results can be measured. At the very least, a yes or no on completion. But the ideal is a performance metric like dollars, presentations, trips, proposals, closes, page views, subscriptions, calls, minutes per call, Klout score, etc.

7. Are you forecasting the critical numbers?

Don’t kid yourself. You need to estimate future sales, costs and expenses, and then track cash flow to manage a business. If you’re just watching balances, you aren’t managing that well. You’re risking surprises and losing opportunities. Business life blood is cash, and that’s about forecasts and following up.

8. What are your main assumptions?

We have to make assumptions because we can’t manage without them. But assumptions change. Keeping track of your assumptions and how they change is crucial.

9. When is your monthly review?

You can’t really manage and steer your company without a planning process that includes a regular monthly review. You have to schedule reviews in advance, stick to the schedule, review your assumptions, and make changes to reflect changing assumptions, results and needs. Without regular reviews, your planning is just a plan, use once and throw away.

The key is plan vs. actual review. Not just the numbers, but the trends, performance, and lessons in the numbers.

10. What needs to change?

Planning is about managing change. The business environment is about constant change, and you need the planning process to manage that change. With planning process, tracking, plan review, plan vs. actual analysis, you end up steering a company towards its goals. It’s navigation. And the planning process isn’t just a map; it’s a map beneath a GPS locator with real-time traffic and weather updating.

Cash flow is critical. Everybody knows it, sure, but how can you manage cash flow without planning? It’s not intuitive. People think in terms of profit and loss, but cash flow can be radically different from profits. Profitable companies run out of money. The profits don’t include timing of getting the money from sales, spending the money on goods to sell, buying other assets repaying loans. Planning needs to manage cash flow.

We could call that strategy, and then add the reminder: strategy is focus.




Wednesday, July 21, 2010

EFTPS (Electronic Federal Tax Payment System) Requirement for 2011




The Treasury Department has announced that, as a part of a three-pronged initiative to reduce the amount of paper transactions it handles, most employers that are now allowed to use Federal Tax Deposit Coupons and checks to make payroll tax deposits will have to make those deposits electronically through the Electronic Federal Tax Payment System (EFTPS) beginning in 2011. The primary exemption will be for employers that have $2,500 or less in quarterly payroll tax liability and that pay their liability when filing their employment tax returns (e.g. Forms 941 or 944).

Currently, employers are required to use EFTPS at the beginning of the second calendar year after their total federal tax deposits (e.g., payroll, income, excise, etc.) exceed $200,000 in a calendar year. Once they meet the threshold, they must use EFTPS even if their total tax deposits dip below $200,000 in a future year.

What does this mean for you? Starting in 2011, if you make your payroll tax liability deposits in any manner other than paying them with the quarterly return, you will be required to deposit them electronically through EFTPS. You will no longer be allowed to pay them at your bank with a coupon.

As soon as possible, you will need to sign up for EFTPS. It is easy and it is free. Just go to www.irs.gov and on the right hand side of the page, you will see the EFTPS logo. Click on this and it will take you to a page that contains a brief description of the program and a link which allows you to register for the program. Some of the items that you will need to complete the registration besides the company name and address include your company’s Federal I.D. number and banking information. You will also need to assign a designated individual as the primary contact.

Once your company is enrolled, you can make any of your federal tax deposits via the internet or telephone. By 7:00 p.m.(CT) at least one calendar day in advance of the due date, you access EFTPS directly to report your tax information. You will instruct EFTPS to move the funds from your account to the Treasury’s account for payment of your federal taxes. Funds will not move from your account until the date you indicate. You receive an immediate acknowledgement of your payment instructions, and your bank statement will confirm the payment was made. You can initiate your tax payment 24 hours a day, seven days a week.

As an added convenience, EFTPS allows taxpayers to schedule tax payments in advance. Businesses can schedule payments up to 120 days in advance of their tax due date. Individuals can schedule payments up to 365 days in advance of their tax due date. EFTPS will automatically make your payments for you on the due date you indicate. Scheduled payments can be changed or cancelled up to 2 business days in advance of the scheduled payment date.

QuickBooks allows you to pay your payroll taxes via EFTPS conveniently through the 'pay liabilities' function rather than by paper check. QuickBooks also allows you to e-file your 941 Quarterly Reports. Furthermore, QuickBooks payroll provides an inexpensive and easy to use direct deposit feature.

We can assist you in your implementation of these convenient, labor saving new features.

If you have any questions regarding EFTPS or anything else regarding your payroll, QuickBooks or business, please contact the professionals at Ed Slovacek CPA at 979.846.4667 (email - info@EdSlovacekCPA.com) and we are always ready to help make your business life easier.


Wednesday, July 14, 2010

How to Get a Copy of Your Tax Return

If you need an exact copy of a previously filed and processed tax return and all attachments (including Form W-2), you should complete Form 4506 (PDF), Request for Copy of Tax Return, and mail it to the address listed in the instructions, along with a $57.00 fee for each tax year requested. The check or money order for the fee should be made payable to the "United States Treasury". Copies are generally available for returns filed in the current and past six years. Copies of jointly filed tax returns may be requested by either spouse and only one signature is required. Allow 60 calendar days to receive your copies.

Most needs for tax return information can be met with a computer print-out of your return information called a "transcript". A transcript may be an acceptable substitute for an exact copy of a return by the United States Citizenship and Immigration Services and lending agencies for student loans and mortgages. A "tax return transcript" will show most line items contained on the return as it was originally filed. If you need a statement of your tax account which shows changes that you or the IRS made after the original return was filed, however, you must request a "tax account transcript". Both transcripts are generally available for the current and past three years and are provided free of charge. The period in which you will receive the transcript varies from within ten to thirty business days from the time the IRS receives your request for the tax return or tax account transcript.

You can obtain a free transcript by calling 800-829-1040 and following the prompts in the recorded message or by completing and mailing a request for a transcript to the address listed in the instructions.

The IRS has created a new Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript, to order a transcript of a Form 1040 series return. The IRS created this streamlined form to help those taxpayers trying to obtain, modify or refinance a home mortgage. Transcripts may also be mailed to a third party, such as a mortgage institution, if specified on the form. You must sign and date the form giving your consent for the disclosure. Businesses, partnerships or individuals who need transcript information from other forms, such as Form W-2 or Form 1099, can use Form 4506-T (PDF), Request for Transcript of Tax Return, to obtain the information. These transcripts may also be mailed to a third party if there is consent for the disclosure.

Forms can be downloaded by using the following links or ordered by calling 800-829-3676. If you are a taxpayer impacted by a federally declared disaster, the IRS will waive the usual fees and expedite requests for copies of tax returns for people who need them to apply for benefits or to file amended returns claiming disaster-related losses. For additional information, refer to Topic 107, Tax Relief Disaster Situations, or call the IRS Disaster Assistance Hotline at 866-562-5227.

Form Links:

  • Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript
  • Form 4506-T (PDF), Request for Transcript of Tax Return
  • Form 4506 (PDF), Request for Copy of Tax Return

Saturday, July 10, 2010

Six Tips for Students with a Summer Job

Six Tips for Students with a Summer Job

School’s out and many students now have a summer job. Some students may not realize they have to pay taxes on their summer income. Here are the six things the IRS wants everyone to know about income earned while working a summer job.

  1. All employees fill out a W-4, Employee’s Withholding Allowance Certificate, when starting a new job. This form is used by employers to determine the amount of tax that will be withheld from your paycheck. If you have multiple summer jobs you will want to make sure all your employers are withholding an adequate amount of taxes to cover your total income tax liability. To make sure your withholding is correct, use the Withholding Calculator on IRS.gov.
  2. Whether you are working as a waiter or a camp counselor, you may receive tips as part of your summer income. All tip income you receive is taxable income and is therefore subject to federal income tax.
  3. Many students do odd jobs over the summer to make extra cash. Earnings you received from self-employment are subject to income tax. These earnings include income from odd jobs like baby-sitting and lawn mowing.
  4. If you have net earnings of $400 or more from self-employment, you will also have to pay self-employment tax. This tax pays for your benefits under the Social Security system. Social Security and Medicare benefits are available to individuals who are self-employed the same as they are to wage earners who have Social Security tax and Medicare tax withheld from their wages. The self-employment tax is figured on Form 1040, Schedule SE.
  5. Food and lodging allowances paid to ROTC students participating in advanced training are not taxable. However, active duty pay – such as pay received during summer advanced camp – is taxable.
  6. Special rules apply to services you perform as a newspaper carrier or distributor. You are a direct seller and treated as self-employed for federal tax purposes if you meet the following conditions:
    • You are in the business of delivering newspapers.
    • All your pay for these services directly relates to sales rather than to the number of hours worked.
    • You perform the delivery services under a written contract which states that you will not be treated as an employee for federal tax purposes.

Generally, newspaper carriers or distributors under age 18 are not subject to self-employment tax.

Tuesday, January 26, 2010

Ten Facts About Claiming Donations Made to Haiti

Ten Facts About Claiming Donations Made to Haiti

If you are donating to charities providing earthquake relief in Haiti, you may be able to claim those donations on your 2009 tax return. Here are 10 important facts the Internal Revenue Service wants you to know about this special provision.

  1. A new law allows you to claim donations for Haitian relief on your 2009 tax return, which you will be filing this year.
  2. The contributions must be made specifically for the relief of victims in areas affected by the Jan. 12 earthquake in Haiti.
  3. To be eligible for a deduction on the 2009 tax return, donations must be made after Jan. 11, 2010 and before March 1, 2010.
  4. In order to be deductible, contributions must be made to qualified charities and can not be designated for the benefit of specific individuals or families.
  5. The new law applies only to cash contributions.
  6. Cash contributions made by text message, check, credit card or debit card may be claimed on your federal tax return.
  7. You must itemize your deductions in order to claim these donations on your tax return.
  8. You have the option of deducting these contributions on either your 2009 or 2010 tax return, but not both.
  9. Contributions made to foreign organizations generally are not deductible. You can find out more about organizations helping Haitian earthquake victims from agencies such as the U.S. Agency for International Development ( www.usaid.gov).
  10. Federal law requires that you keep a record of any deductible donations you make. For donations by text message, a telephone bill will meet the record-keeping requirement if it shows the name of the organization receiving your donation, the date of the contribution, and the amount given. For cash contributions made by other means, be sure to keep a bank record, such as a cancelled check or a receipt from the charity. Receipts should show the name of the charity, the date and amount of the contribution.

For more information see IRS Publication 526, Charitable Contributions and Publication 3833 , Disaster Relief: Providing Assistance through Charitable Organizations. To determine if an organization is a qualified charity visit IRS.gov, keyword "Search for Charities". Note that some organizations, such as churches or governments, may be qualified even though they are not listed on IRS.gov.