SmallBusiness.com Guide to Taxes – SmallBusiness.com https://smallbusiness.com Small business information, insight and resources | SmallBusiness.com Mon, 05 Apr 2021 17:57:32 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.2 IRS Resources For Small Businesses | Q2 2021 https://smallbusiness.com/taxes/irs-resources-for-small-businesses/ Sun, 04 Apr 2021 21:29:16 +0000 https://smallbusiness.com/?p=41829

We always recommend that small business owners reach out to their trusted financial, legal, and other trusted advisors to keep them up to speed on changing news and regulations. However, we also know that the Internal Revenue Service is another source of information flow — especially in changing and challenging times. IRS small business tax resources to which you can subscribe. This quarterly collection of IRS information is just one example of information from the IRS insight for small businesses. Indeed, the IRS is willing to send you information on a wide range of tax-related information: IRS.gov/newsroom. Here is information from a current email newsletter for small business owners.


IRS provides guidance for employers claiming the
Employee Retention Credit for first two quarters of 2021

The Internal Revenue Service issued guidance for employers claiming the Employee Retention Credit under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) modified by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Relief Act). To review these changes, see Notice 2021-23. Additional coronavirus relief information for businesses is available on IRS.gov. At the bottom of the page, you can find links to subscriptions to a range of tax-related newsletters.


1 | Free virtual workshop helps small business owners understand and meet tax obligations

The Small Business Virtual Tax Workshop helps educate small business owners about their taxes. It’s free and available online 24/7. The updated chapters contain direct links to more specific topics within each lesson, like chapters in a book. Viewers can choose the lessons that apply to their small businesses. They can also pause and bookmark lessons so they can review the information later.


2 | The IRS is reallocating taxes on unemployment benefits; refunds to start in May

The IRS will take steps to automatically refund money to people who filed their tax return reporting unemployment compensation before the recent changes made by the American Rescue Plan.

The legislation was signed on March 11. The new IRS guidance includes details for those eligible taxpayers who have not yet filed.


3 | IRS, Treasury disburses more Economic Impact Payments under the American Rescue Plan; Non-filer Social Security and other federal beneficiary stimulus payments

As work continues on issuing millions of Economic Impact Payments to Americans, the IRS and Treasury Department announced that they anticipate payments will begin to be issued this weekend to Social Security recipients and other federal beneficiaries who do not normally file a tax return, with the projection that the majority of these payments would be sent electronically and received on April 7, 2021.

Many federal beneficiaries who filed 2019 or 2020 returns or used the Non-Filers tool last year were issued Economic Impact Payments, if eligible, during the last three weeks.

Most Social Security retirement and disability beneficiaries, railroad retirees and recipients of veterans’ benefits who are eligible for an Economic Impact Payment do not need to take any action to receive a payment.


4 | IRS urges employers to take advantage of the Work Opportunity Tax Credit

Giving someone a work opportunity may translate into a business tax credit for you and greater stability for a family. The Work Opportunity Tax Credit (WOTC) is a federal tax credit available to employers for hiring individuals from certain targeted groups who have consistently faced significant barriers to employment.


5 | Taxable Fringe Benefit Essentials for Employers Webinar

The IRS Tax Exempt and Government Entities Division and the Office of Federal, State and Local Governments would like to invite small businesses to register to watch the free Taxable Fringe Benefit Essentials for Employers Webinar on April 14, 2021 at 1:00 p.m. (ET). This webinar is designed to explain what a fringe benefit is and how to value a fringe benefit. It will cover the most common fringe benefits and explain if those fringe benefits are taxable.

For more information, see Webinars for Tax Exempt & Government Entities.


6 | IRS extends additional tax deadlines for individuals to May 17

The IRS announced that individuals have until May 17, 2021 to meet certain deadlines that would normally fall on April 15, such as making IRA contributions and filing certain claims for refund. This follows a previous announcement that the federal income tax filing due date for individuals for the 2020 tax year was extended from April 15, 2021, to May 17, 2021.

Notice 2021-21 provides details on the additional tax deadlines.


7 | Masks, and other COVID-19 personal protective equipment are tax-deductible

The IRS issued Announcement 2021-7 clarifying that the purchase of personal protective equipment for the primary purpose of preventing the spread of coronavirus are deductible medical expenses. In addition to masks, this includes times such as hand sanitizer and sanitizing wipes.

(Photo by Chip Somodevilla/Getty Images)

The amounts paid for personal protective equipment are also eligible to be paid or reimbursed under health flexible spending arrangements (health FSAs), Archer medical savings accounts (Archer MSAs), health reimbursement arrangements (HRAs), or health savings accounts (HSAs).


8 | IRS Criminal Investigation pledges continued
commitment to investigating COVID-19 fraud

The IRS Criminal Investigation Division (IRS-CI) marks the one-year anniversary of the Coronavirus Aid, Relief and Economic Security Act by pledging its continued commitment to investigating COVID-19 fraud.

This includes fraud related to:

  • Economic Impact Payments
  • Paycheck Protection Program
  • Employee Retention Credit

IRS-CI encourages the public to share information regarding known or suspected fraud attempts against any of the programs offered through the CARES Act. Here’s how to report a suspected crime and learn more about COVID-19 scams and other financial schemes.


9 | Low Income Taxpayer Clinic application period now open

The IRS announced it will accept applications for an 18-month Low Income Taxpayer Clinic (LITC) matching grant from all qualified organizations.

The LITC matching grant news release provides more information, including:

  • Application period
  • Budget and performance period
  • Eligibility
  • Geographically underserved areas

More IRS Tax Resources for Small Business

Small Business and Self-Employed One-Stop Resource
Small Business Forms & Instructions
Small Business Events
Small Business Webinars
e-File for Businesses and Self-Employed
Businesses with Employees
Small Business Products
Self-Employed Individuals
S Corporations


Other Resources

IRS.gov
Find it Fast!
All Forms and Instructions
Filing Your Taxes
Make a Payment
Taxpayer Advocate Service
Retirement Plans
Tax Information for Charities
and Other Non-Profits
State Links
SSA/IRS Reporter
IRS Social Media

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IRS Small Business and Self-Employed Tax Center | 2021 https://smallbusiness.com/taxes/irs-small-business-and-self-employed-tax-center-2021/ Mon, 23 Nov 2020 02:19:24 +0000 https://smallbusiness.com/?p=41477

Links to IRS.gov resources

The links below are for taxpayers who file Form 1040 or 1040-SR, Schedules C, E, F or Form 2106, and small businesses with assets under $10 million. Consider the links as a Table of Contents of information found on the IRS website. Updates can be found at the IRS Small Business and Self-Employed Tax Center. Direct questions there, also.


Trending

Information For

Help for Preparing Your Taxes

Filing and Paying Taxes

Stages of Owning a Business

General Topics

Online Learning

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What the IRS Wants You to Know About Excise Taxes https://smallbusiness.com/resources/excise-tax-information/ Fri, 01 Nov 2019 03:11:11 +0000 https://smallbusiness.com/?p=40452

Businesses providing certain goods and services that are subject to excise taxes must file a federal Form 720 quarterly. Here is information provided by the IRS that relates to excise taxes.


What are excise taxes?

Excise taxes are taxes made on a specific good, such as gasoline, rather than a tax on your income or sales tax. They are often included in the price of the product you are purchasing. For example, excise taxes (or highway taxes, in this example) are part of the price per gallon charged for gasoline. They can also be taxes on activities, such as wagering (gambling), indoor tanning, airline tickets, and tires.

Excise taxes may be imposed at the time of:..

  • Import
  • Sale by the manufacturer
  • Sale by the retailer
  • Use by the consumer

Often, the collected excise tax will go into trust funds earmarked for related capital projects, such as highway and airport improvements.

Since the taxes are typically blended into the price of a product, the seller or manufacturer of the item or service is responsible for filing these tax payments to the IRS — and filing Form 720.

When should an excise a tax be file?

Businesses must file the form for each quarter of the calendar year. Here are the due dates:

  • Quarter 1 – January, February, March: Deadline = April 30
  • Quarter 2 – April, May, June: Deadline = July 31
  • Quarter 3 – July, August, September: Deadline = October 31
  • Quarter 4 – October, November, December: Deadline = January 31

If the due date for filing a return falls on a Saturday, Sunday or legal holiday, the due date is the next business day.

How to file

While the IRS still accepts paper Forms 720, they encourage businesses to file electronically. To help excise taxpayers do this, the IRS posts the contact information on IRS.gov of all approved e-file transmitters for excise forms. Businesses can submit forms online 24 hours a day.

However, not all excise forms can be filed electronically. Here are the forms you can file electronically.

  • Form 720, Quarterly Federal Excise Tax.
  • Form 2290, Heavy Highway Vehicle Use Tax.
  • Form 8849, Claim for Refund of Excise Taxes, Schedules 1, 2, 3, 5, 6 and 8.

When businesses file a Form 720 electronically, it reduces processing time and errors. However, the business taxpayer’s provider will typically charge a filing fee. In other words, there’s an excise tax on filing an excise tax.

More information:


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What is the Difference Between a Small Business and a Hobby (For Tax Reasons)? https://smallbusiness.com/taxes/business-and-a-hobby/ Mon, 12 Aug 2019 22:38:02 +0000 https://smallbusiness.com/?p=40259

Millions of people enjoy hobbies that are also a source of income. From catering to cupcake baking, crafting homemade jewelry to glass blowing — no matter what a person’s passion. Sometimes, however, people try to use hobbies as a means to avoid taxes. For example, they may try to use expenses related to their hobby as a business expense. While you should always seek help from your trusted tax advisor before making any decision regarding your personal or business tax decisions, here are some tips (and warnings) the IRS considers when determining the difference between a business and a hobby.


A hobby is done mainly for recreation or pleasure.

Here are some factors the IRS will consider when determining if an activity is a hobby or business.

  • To be a business, you should carry on the activity in a businesslike manner and maintain complete and accurate books and records.
  • The time and effort you put into the activity must indicate you intend to make it profitable.
  • You depend on income from the activity for your livelihood.
  • Your losses are due to circumstances beyond your control (or are normal in the startup phase of your type of business).
  • Whether or you change business methods to improve profitability (insead of continue to run the business in way that suggests your goal is to generate losses for tax purposes.
  • Whether you or your advisors have the knowledge needed to carry on the activity as a successful business.
  • Whether you were successful in making a profit in similar activities in the past.
  • Whether the activity makes a profit in some years and how much profit it makes.
  • Whether you can expect to make a future profit from the appreciation of the assets used in the activity.

You may find more information on this topic in section 1.183-2 (b) of the Federal Tax Regulations.Additional Information Publication 535, Business ExpensesPublication 17, Your Federal Income Tax for Individuals Category Small Business, Self-Employed, Other Business Sub-Category Income & Expenses


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14 Million Taxpayers Have Claimed the 2018 Small Business Tax Deduction https://smallbusiness.com/2018-tax-law/14-million-taxpayers-have-claimed-the-2018-small-business-tax-deduction/ Thu, 08 Aug 2019 21:26:18 +0000 https://smallbusiness.com/?p=40323
  • The Tax Cuts and Jobs Act, which went into effect last year (2018), included a new 20% small business tax deduction for owners.
  • Taxpayer qualifed for the deducation if their taxable income was $157,500 (if single) or $315,000 (if married and filing jointly).
  • So far, more than 14 million taxpayers claimed this deduction on their 2018 returns (through May 23, 2019).

Note | Whe it comes to tax and financial decisions, always consult your personal, trusted tax advisor as each taxpayer has unique circumstances.


Early uncertainty

tax form

Can you qualify for the home office tax deduction?


Some accountants decided to proceed with caution on the small business tax deduction this spring, as the IRS proposed new guidelines for the rules were not issued until January, according to CNBC. Those updated guidelines included proposed guidance on the tax break for rental real estate owners — a safe harbor they can follow to be sure they qualify for the 20% deduction.

Some taxpayers that fall under a “specified service trade or business,” including doctors, lawyers and accountants, can’t take the deduction at all if their taxable income exceeds $207,500 if single or $415,000 if married.

See CNBC | “Here’s how many people claimed this new 20% small-business tax break”

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What the IRS Wants You to Know About Car Expenses, Deductions and Taxes | 2019 https://smallbusiness.com/taxes/what-the-irs-wants-you-to-know-about-car-expenses-deductions-and-taxes-2019/ Mon, 29 Jul 2019 17:20:40 +0000 https://smallbusiness.com/?p=40279

Taxpayers who have deducted the business use of their car on past tax returns should review whether or not they can still claim this deduction. Some taxpayers can. Some cannot. Here is a breakdown of which taxpayers can claim this deduction when filing their tax returns. (Note: Even though this information is provided by the IRS, always get advice from your personal, trusted advisor as each small business situation is unique.)


For Business Owners | Individuals who own a business or are self-employed and use their vehicle for business may deduct car expenses on their tax return. If a taxpayer uses the car for both business and personal purposes, the expenses must be split. The deduction is based on the portion of mileage used for business. There are two methods for figuring car expenses:

1. Using actual expenses, including

  • Depreciation
  • Lease payments
  • Gas and oil
  • Tires
  • Repairs and tune-ups
  • Insurance
  • Registration fees

2. Using the standard mileage rate

  • Taxpayers who want to use the standard mileage rate for a car they own must choose to use this method in the first year the car is available for use in their business.
  • Taxpayers who want to use the standard mileage rate for a car they lease must use it for the entire lease period.

The standard mileage rate for 2018 is
54.5 cents per mile. For 2019, it‘s 58 cents.


Note | There are recordkeeping requirements for both methods. 

For Business Employees |Employees who use their car for work can no longer take an employee business expense deduction as part of their miscellaneous itemized deductions reported on Schedule A

Employees can’t deduct this cost even if their employer doesn’t reimburse the employee for using their own car. This is for tax years after December 2017. The Tax Cuts and Jobs Act suspended miscellaneous itemized deductions subject to the two percent floor.  

However, certain taxpayers may still deduct unreimbursed employee travel expenses, this includes Armed Forces reservists, qualified performing artists, and fee-basis state or local government officials.


Where to Find More Information on This Topic from the IRS| Publication 535, Business Expenses


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Comparison Chart of Previous vs. New Small Business Tax Laws | 2018 https://smallbusiness.com/2018-tax-law/small-business-tax-2/ Thu, 01 Nov 2018 19:54:36 +0000 https://smallbusiness.com/?p=33367

This chart was supplied by IRS.gov. It compares the old tax law provisions vs. the new that are part of the Tax Cuts and Jobs Act (TCJA). The side-by-side comparison can help you understand the changes — but you should also seek advice from your trusted and professional accounting, finance, and tax advisors.  Provisions of the TCJA that affect individual taxpayers can also affect business taxes. Businesses and self-employed individuals should review tax reform changes for individuals and determine how these provisions work with their business situation. One more time, remember: Different small businesses may have different factors that will cause the provisions to be different than yours. Also, see the IRS PDFs for more detail.: Publication 535, Business Expenses; Publication 946, How to Depreciate Property.


Deductions

Deductions 2017 Law Changes under TCJA

New deduction for qualified business income of pass-through entities

No previous law for comparison. This is a new provision.

This new provision, also known as Section 199A, allows a deduction of up to 20% of qualified business income for owners of some businesses. Limits apply based on income and type of business.

Limits on deductions for meals and entertainment expenses

A business can deduct up to 50% of entertainment expenses directly related to the active conduct of a trade or business or incurred immediately before or after a substantial and bona fide business discussion.

The TCJA generally eliminated the deduction for any expenses related to activities considered entertainment, amusement or recreation. However, under the new law, taxpayers can continue to deduct 50% of the cost of business meals if the taxpayer (or an employee of the taxpayer) is present and the food or beverages are not considered lavish or extravagant. The meals may be provided to a current or potential business customer, client, consultant or similar business contact.  If provided during or at an entertainment activity, the food and beverages must be purchased separately from the entertainment, or the cost of the food or beverages must be stated separately from the cost of the entertainment on one or more bills, invoices, or receipts

Notice 2018-76 provides additional information on these changes.

New limits on deductions for business interest expenses

The deduction for net interest is limited to 50% of adjusted taxable income for firms with a debt-equity ratio above 1.5. Interest above the limit can be carried forward indefinitely.

The change limits deductions for business interest incurred by certain businesses. Generally, for businesses with 25 million or less in average annual gross receipts, business interest expense is limited to business interest income plus 30% of the business’s adjusted taxable income and floor-plan financing interestThere are some exceptions to the limit, and some businesses can elect out of this limit. Disallowed interest above the limit may be carried forward indefinitely, with special rules for partnerships.

Changes to rules for like-kind exchanges

Like-kind exchange treatment applies to certain exchanges of real, personal or intangible property.

Like-kind exchange treatment now applies only to certain exchanges of real property

For more information, see Form 8824, Like-Kind Exchanges, and its instructions, as well as Publication 544, Sales and Other Disposition of Assets.

Payments made in sexual harassment or sexual abuse cases

No previous law for comparison. This is a new provision.

No deduction is allowed for certain payments made in sexual harassment or sexual abuse cases.

Changes to deductions for local lobbying expenses

Although lobbying and political expenditures are generally not deductible, a taxpayer can deduct payments related to lobbying local councils or similar governing bodies.

TCJA repealed the exception for local lobbying expenses. The general disallowance rules for lobbying and political expenses now apply to payments related to local legislation as well.

Depreciation

Depreciation

2017 Law

What changed under TCJA

Temporary

100 percent expensing for certain business assets

Certain business assets, such as equipment and buildings, are depreciated over time.

Bonus depreciation for equipment, computer software, and certain improvements to nonresidential real property allows an immediate deduction of 50% for equipment placed in service in 2017, 40% in 2018, and 30% in 2019.

Long-lived property generally is not eligible. The phase down is delayed for certain property, including property with a long production period.

TCJA temporarily allows 100% expensing for business property acquired and placed in service after Sept. 27, 2017 and before Jan. 1, 2023.

The 100% allowance generally decreases by 20% per year in taxable years beginning after 2022 and expires Jan. 1, 2027.

The law now allows expensing for certain film, television, and live theatrical productions, and used qualified property with certain restrictions.

For more information, see Tax Reform: Changes to Depreciation Affect Businesses Now and New 100-percent depreciation deduction for businesses.

Changes to rules for expensing depreciable business assets (section 179 property)

A taxpayer can expense the cost of qualified assets and deduct a maximum of $500,000, with a phaseout threshold of $2 million.

Generally, qualified assets consist of machinery, equipment, off-the-shelf computer software and certain improvements to nonresidential real property.

TCJA increased the maximum deduction to $1 million and increased the phase-out threshold to $2.5 million.

It also modifies the definition of section 179 property to allow the taxpayer to elect to include certain improvements made to nonresidential real property.

Publication 946, How to Depreciate Property, and the Additional First Year Depreciation Deduction (Bonus) FAQs provide additional resources on this topic.

Changes to depreciation of luxury automobiles

There are limits on depreciation deductions for owners of cars, trucks and vans.

TCJA increased depreciation limits for passenger vehicles. If the taxpayer doesn’t claim bonus depreciation, the greatest allowable depreciation deduction is:

  • $10,000 for the first year,

  • $16,000 for the second year,

  • $9,600 for the third year, and

  • $5,760 for each later taxable year in the recovery period.

If a taxpayer claims 100% bonus depreciation, the greatest allowable depreciation deduction is $18,000 for the first year, and the same as above for later years.

Changes to listed property

Computers and peripheral equipment are categorized as listed property. Their deduction and depreciation is subject to strict substantiation requirements.

TCJA removes computer or peripheral equipment from the definition of listed property.

Changes to the applicable recovery period for real property

The General Depreciation System (GDS) and the Alternative Depreciation System (ADS) of the Modified Accelerated Cost Recovery System (MACRS) provide that the capitalized cost of tangible property is recovered over a specified life by annual deductions for depreciation.

The general depreciation system recovery periods are still 39 years for nonresidential real property and 27.5 years for residential rental property. The alternative depreciation system recovery period for the nonresidential real property is still 40 years. However, TCJA changes the alternative depreciation system recovery period for residential rental property from 40 years to 30 years. Qualified leasehold improvement property, qualified restaurant property and qualified retail improvement property are no longer separately defined and given a special 15-year recovery period under the new law.

 

Businesses with employees: Changes to fringe benefits and new credit

For businesses that have employees, there are changes to fringe benefits and a new tax credit that can affect a business’s bottom line.

Fringe benefit

2017 law

What changed under TCJA

Suspension of the exclusion for qualified bicycle commuting reimbursements

Up to $20 per month in employer reimbursement for bicycle commuting expense is not subject to income and employment taxes of the employee.

Under TCJA, employers can deduct qualified bicycle commuting reimbursements as a business expense.

Employers must now include 100% of these reimbursements in the employee’s wages, subject to income and employment taxes.

Suspension of exclusion for qualified moving expense reimbursements

An employee’s moving expense reimbursements are not subject to income or employment taxes.

Under TCJA, employers must include moving expense reimbursements in employees’ wages, subject to income and employment taxes. Generally, members of the U.S. Armed Forces can still exclude qualified moving expense reimbursements from their income.

Prohibition on cash, gift cards and other non-tangible personal property as employee achievement award

Employers can deduct the cost of certain employee achievement awards. Deductible awards are excludible from employee income.

Special rules allow an employee to exclude certain achievement awards from their wages if the awards are tangible personal property. An employer also may deduct awards that are tangible personal property, subject to certain deduction limits. TCJA clarifies that tangible personal property doesn’t include cash, cash equivalents, gift cards, gift coupons, certain gift certificates, tickets to theater or sporting events, vacations, meals, lodging, stocks, bonds, securities, and other similar items.

Tax Credit

2017 law

What changed under TCJA

New employer credit for paid family and medical leave

No previous law for comparison. This is a new provision.

The TCJA added a new tax credit for employers that offer paid family and medical leave to their employees.

The credit applies to wages paid in taxable years beginning after December 31, 2017, and before January 1, 2020.

The credit is a percentage of wages (as determined for Federal Unemployment Tax Act (FUTA) purposes and without regard to the $7,000 FUTA wage limitation) paid to a qualifying employee while on family and medical leave for up to 12 weeks per taxable year. The percentage can range from 12.5% to 25%, depending on the percentage of wages paid during the leave.

For more information on the new credit, see Notice 2018-71 and New credit benefits employers who provide paid family and medical leave.

 

Business structure and accounting methods

An organization’s business structure is an important consideration when applying tax reform changes. The Tax Cuts and Jobs Act changed some things related to these topics.

Business structure topic

2017 law

What changed under TCJA

Changes to cash method of accounting for some businesses

Small business taxpayers with average annual gross receipts of $5 million or less in the prior three-year period may use the cash method of accounting.

The TCJA allows small business taxpayers with average annual gross receipts of $25 million or less in the prior three-year period to use the cash method of accounting. The law expands the number of small business taxpayers eligible to use the cash method of accounting and exempts these small businesses from certain accounting rules for inventories, cost capitalization and long-term contracts. As a result, more small business taxpayers can change to cash method accounting starting after Dec. 31, 2017.

Revenue Procedure 2018-40 provides further details on these changes.

Changes regarding conversions from an S corporation to a C corporation

In the case of an S corporation that converts to a C corporation:

  • Net adjustments that are needed to prevent amounts from being duplicated or omitted as a result of an accounting method change and attributable to the revocation of the S corporation election (e.g. adjustments required because of a required change from the cash method to an accrual method): net adjustments that decrease taxable income generally were taken into account entirely in the year of change, and net adjustments that increase taxable income generally were taken into account during the four-taxable-year period beginning with the year of change.

  • Distributions of cash by the C corporation to its shareholders during a post-termination transition period (generally one year after the conversion) are, to the extent of stock basis tax-free, then capital gain to the extent of remaining accumulated adjustments account (AAA). Distributions more than AAA are treated as dividends coming from accumulated Earnings and Profits (E&P).  Distributions after that period are dividends to the extent of E&P and taxed as dividends.

The TCJA makes two modifications to existing law for a C corporation that (1) was an S corporation on Dec. 21, 2017 and revokes its S corporation election after Dec. 21, 2017, but before Dec. 22, 2019, and (2) has the same owners of stock in identical proportions on the date of revocation and on Dec. 22, 2017.

The following modifications apply to these entities:

  • The period for including net adjustments that are needed to prevent amounts from being duplicated or omitted as a result of an accounting method change and attributable to the revocation of the S corporation election is changed to six years. This six-year period applies to net adjustments that decrease taxable income as well as net adjustments that increase taxable income.

  • Distributions of cash following the post-termination transition period are treated as coming out of the corporation’s AAA and E&P proportionally.

See Revenue Procedure 2018-44 for more detailed information.

Businesses or individuals that rehabilitate historical buildings

Topic

2017 law

What changed under TCJA

Changes to the rehabilitation tax credit

Owners of certified historic structures were eligible for a tax credit of 20% of qualified rehabilitation expenditures.Owners of pre-1936 buildings were eligible for a tax credit of 10% of qualified rehabilitation expenditures.

TCJA keeps the 20% credit for qualified rehabilitation expenditures for certified historic structures but requires that taxpayers take the 20% credit over five years instead of in the year they placed the building into service.The 10% credit for pre-1936 buildings is repealed under TCJA.

 

Opportunity for tax-favored investments

Opportunity Zones are a tool designed to spur economic development and job creation in distressed communities. Businesses or individuals can participate.

Topic 2017 law What changed under TCJA

Opportunity Zones

No previous law for comparison. This is a new provision.

Investments in Opportunity Zones provide tax benefits to investors. Investors can elect to temporarily defer tax on capital gains that are reinvested in a Qualified Opportunity Fund (QOF). The tax on the gain can be deferred until the earlier of the date on which the QOF investment is sold or exchanged, or Dec. 31, 2026. If the investor holds the investment in the QOF for at least ten years, the investor  may be eligible for a permanent exclusion of any capital gain realized by the sale or exchange of the QOF investment.For more information, see Notice 2018-48 and Revenue Procedure 2018-16.

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What Business Owners Should Know About the 20 Percent Tax Deduction https://smallbusiness.com/2018-tax-law/small-business-tax/ Tue, 30 Oct 2018 15:10:56 +0000 https://smallbusiness.com/?p=33315

As we always advise, small business owners should seek advice regarding taxes and finance from a trusted business, tax, or financial professional. This year, that advice is especially important. Why? Because last year’s tax legislation begins to have an impact on your taxes for the first time this year (in 2018). The increased deductions most small businesses will see will start showing up on the federal income tax return you file in 2019. Here are some things the IRS would like you to know. (Also, see the bottom of this page for a collection of IRS services we’ve posted.)


Eligible taxpayers may deduct up to 20 percent of certain business income from domestic businesses operated as…

  • Sole proprietorships
  • Partnerships
  • S corporations
  • Trusts
  • Estates
  • Certain dividends

 

Things business owners should know about the 20 percent deduction

  • The deduction applies to qualified:– Business income
    – Real estate investment trust dividends
    – Publicly traded partnership income
  • Qualified business income is the net amount of qualified items of income, gain, deduction and loss connected to a qualified U.S. trade or business. Only items included in taxable income are counted.
  • The deduction is available to eligible taxpayers, whether they itemize their deductions on Schedule A or take the standard deduction.
  • The deduction is generally equal to the lesser of these two amounts:– Twenty percent of qualified business income plus 20 percent of qualified real estate investment trust dividends and qualified publicly traded partnership income.
    – Twenty percent of taxable income computed before the qualified business income deduction minus net capital gains.
  • For taxpayers with taxable income computed before the qualified business income deduction that exceeds $315,000 for a married couple filing a joint return, or $157,500 for all other taxpayers, the deduction may be subject to additional limitations or exceptions. These are based on the type of trade or business, the taxpayer’s taxable income, the amount of W-2 wages paid by the qualified trade or business, and the unadjusted basis immediately after acquisition of qualified property held by the trade or business.
  • Income earned through a C corporation or by providing services as an employee is not eligible for the deduction.
  • Taxpayers may rely on the rules in the proposed regulations until final regulations appear in the Federal Register.

 

 Also on SmallBusiness.com

IRS Resources Related to How the New Tax Law May Affect Your Business | Q3-2018

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Two Financial Practices Small Business Owners Should Change | 2018 https://smallbusiness.com/taxes/financial-advice/ Wed, 05 Sep 2018 17:19:58 +0000 https://smallbusiness.com/?p=32686

Some small business owners may be a little more confident in their financial practices than they should be, according to a recent survey from Clutch, a business-to-business research and reviews company. Here are two examples of risky financial practices and some financial advice you should follow instead.


Advice #1 | Use professional tax help

The decision to prepare and pay taxes without the help of a professional tax preparer or accountant may be a practice that seems to save money but could lead to a greater loss (especially for 30 percent of the survey respondents).

30% | Percentage of small business owners who believe they overpay their taxes and could claim more deductions and credits.
93% | Percentage of small business owners who rate themselves as “very” or “somewhat confident” in their ability to accurately file taxes.

Or, in other words, 30 percent of survey respondents simultaneously believe they can accurately file taxes while think they overpay.


Advice #2 | Keep personal and business banking in two separate accounts

Here’s another financial practice small businesses should follow, but many don’t.

27% | Percentage of small businesses who do not keep their personal and business finances in separate bank accounts.
23% | Percentage of small businesses who have experienced challenges with mixing business and personal finances in the past year.

Or, in other words, nearly the same percentage of small business owners who co-mingle their business and personal bank accounts have experienced a financial challenge due to the practice.

Bottom line | Do the math. Get help doing your taxes and have two separate bank accounts.


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IRS Resources Related to How the New Tax Law May Affect Your Business | Q3-2018 https://smallbusiness.com/2018-tax-law/new-tax-law/ Wed, 15 Aug 2018 16:31:22 +0000 https://smallbusiness.com/?p=32452

To begin tracking the implementation of the Tax Cuts and Jobs Act (TCJA), the IRS has set up a page on its website for updates and resources. We have mirrored that information here and will update this page to reflect new information the IRS will be issuing.

Our standard but stern warning related to taxes | The new law and accompanying regulations and rules are complex. We can’t stress enough the importance of you discussing the changes in the law with your trusted accounting or tax advisor. It will be worth every cent you spend to get the best possible information — related specifically to your personal situation.

Below, you will find links to information about the implementation of the new legislation that is being issued by the IRS. The links will take you to the IRS website. (Clicking on a heading will reveal information related to that topic.) 


Income (including Gains and Losses)

The Tax Cuts and Jobs Act extended the holding period with respect to certain carried interests (i.e. applicable partnership interests) to three years.

Carried interests are ownership interests in a partnership that share in the partnership’s net profits. Carried interests often are issued to investment managers in connection with the investment manager’s services. These interests often result in the holder receiving capital gains which are taxed at a lower rate, rather than ordinary income.

The Tax Cuts and Jobs Act, Section 1031 changed like-kind exchanges and now it applies only to exchanges of real property and not to exchanges of personal or intangible property. An exchange of real property held primarily for sale still does not qualify as a like-kind exchange.

Deductions and Depreciation

Many owners of sole proprietorships, partnerships, trusts, and S corporations may be eligible for a new deduction – referred to as Section 199A – allowing them to deduct up to 20 percent of their qualified business income.

Proposed regulations | On August 8, the IRS  issued proposed regulations for a new provision allowing many owners of sole proprietorships, partnerships, trusts and S corporations to deduct 20 percent of their qualified business income.

The deduction is available for tax years beginning after Dec. 31, 2017. Eligible taxpayers can claim it for the first time on the 2018 federal income tax return they file next year.

The deduction is generally available to eligible taxpayers whose 2018 taxable incomes fall below $315,000 for joint returns and $157,500 for other taxpayers. It’s generally equal to the lesser of 20 percent of their qualified business income plus 20 percent of their qualified real estate investment trust dividends and qualified publicly traded partnership income or 20 percent of taxable income minus net capital gains.

Deductions for taxpayers above the $157,500/$315,000 taxable income thresholds may be limited. Those limitations are fully described in the proposed regulations.

Qualified business income includes domestic income from a trade or business. Employee wages, capital gain, interest and dividend income are excluded.

In addition, Notice 2018-64, also issued on August 8, 2018, provides methods for calculating Form W-2 wages for purposes of the limitations on this deduction. More information in the form of FAQs on Section 199A can be found on IRS.gov.

 

Related information: IR-2018-162 , Section 199A – Deduction for Qualified Business Income FAQs , REG-107892 , Notice 2018-64

Newly amended section 163(j) of the Internal Revenue Code imposes a limitation on deductions for business interest incurred by certain large businesses. For most large businesses, business interest expense is limited to any business interest income plus 30 percent of the business’ adjusted taxable income.

Related information: IR-2018-82


Production Period for Beer, Wine, and Distilled Spirits

The Production Period for Beer, Wine, and Distilled Spirits provision provides an opportunity to deduct the interest expenses occurred during the “aging period” for these beverages (subject to other possible interest deduction limitations included in TCJA).

Related information: Production Period for Beer, Wine, and Distilled Spirits Frequently Asked Questions

Businesses can immediately expense more under the new law. A taxpayer may elect to expense the cost of any section 179 property and deduct it in the year the property is placed in service. The new law increased the maximum deduction from $500,000 to $1 million. It also increased the phase-out threshold from $2 million to $2.5 million.

Related information: FS-2018-9


Proposed regulations have been issued on the new 100-percent depreciation deduction that allows businesses to write off most depreciable business assets in the year they are placed in service by the business.

Related information: IR-2018-159 , REG-104397-18

The new law disallows employer deductions for (1) activities generally considered to be entertainment, amusement, or recreation; (2) membership dues for clubs organized for business, pleasure, recreation, or other social purposes; or (3) a facility used in connection with the above items, even if the activity is related to the active conduct of trade or business.

It also disallows deductions for expenses associated with transportation fringe benefits or expenses incurred providing transportation for commuting (except as necessary for employee safety ).

Related information: Employer Update

The new law imposes dollar limitations on the depreciation deduction for the year the taxpayer places the passenger automobile in service and for each succeeding year.

Partner Resources: Revenue Procedure 2018-25

No deduction for certain payments made in sexual harassment or sexual abuse cases.

Related information: Notice-2018-23

Credits

A general business credit employers may claim, based on wages paid to qualifying employees while they are on family and medical leave, subject to certain conditions.

Related information: Tax Reform Tax Tip 2018-69, Frequently Asked Questions about Employer Credit for Paid Family and Medical Leave

The legislation requires taxpayers take the 20-percent credit ratably over five years instead of in the year they placed the building into service and eliminates the 10 percent rehabilitation credit for the pre-1936 buildings. This provision is effective for amounts that taxpayers pay or incur for qualified expenditures after December 31, 2017.

International

Learn more about how international businesses will be impacted by the Tax Cuts and Jobs Act (TCJA).

Taxes

Many U.S. corporations elect to use a fiscal year end and not a calendar year end for federal income tax reporting purposes. Due to a provision in the Tax Cuts and Jobs Act (TCJA), a corporation with a fiscal year that includes Jan. 1, 2018 will pay federal income tax using a blended tax rate and not the flat 21 percent tax rate under the TCJA that would generally apply to taxable years beginning after Dec. 31, 2017.

Related information: Notice 2018-38

Newly enacted section 965 of the Internal Revenue Code imposes a transition tax on untaxed foreign earnings of foreign subsidiaries of U.S. companies by deeming those earnings to be repatriated. Foreign earnings held in the form of cash and cash equivalents are taxed at a 15.5 percent rate, and the remaining earnings are taxed at an 8 percent rate. The transition tax generally may be paid in installments over an eight-year period.

Related information: IR-2017-212, IR-2018-09, IR-2018-25, IR-2018-53, IR-2018-79, IR-2018-158 , REG-104226-18, IR-2018-158 , REG-104226-18

The new law treats a foreign taxpayer’s gain or loss on the sale or exchange of a partnership interest as effectively connected with the conduct of a trade or business in the United States to the extent that gain or loss would be treated as effectively connected with the conduct of a trade or business in the United States if the partnership sold all of its assets.

In this circumstance, the new law also imposes a withholding tax on the disposition of a partnership interest by a foreign taxpayer.

Related information: IR-2018-81, Notice 2018-08, Notice 2018-29

The Treasury Department and the Internal Revenue Service issued Notice 2018-14 and Publication 15, Employer’s Tax Guide to help businesses apply law changes to withholding. These materials are designed to help employers and employees with a variety of withholding matters during and after the transition to new, reduced tax rates and updated withholding tables.

More information is available in Notice 1036 and the IRS Withholding Tables Frequently Asked Questions.

Accounting Method Changes

The Production Period for Beer, Wine, and Distilled Spirits provision provides an opportunity to deduct the interest expenses occurred during the “aging period” for these beverages (subject to other possible interest deduction limitations included in TCJA).

Related information: Production Period for Beer, Wine, and Distilled Spirits Frequently Asked Questions

Changes in accounting periods and method of accounting (Transitional guidance under sec. 451 related to inclusion of income associated with advance payments.)

Related information: Notice 2018-35, Revenue Procedure 2018-29

Other Information

Opportunity Zones are an economic development tool—that is, they are designed to spur economic development and job creation in distressed communities. Opportunity Zones are designed to spur economic development by providing tax benefits to investors.

Partner Resources: Opportunity Zones Frequently Asked Questions


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