Monday, December 21, 2009
2009 Tax Hot Topics
Hot Topic#1: First Time/Existing Home Buyer Credit
In November, Congress passed legislation which extended the first time home buyer credit to apply to a principal residence purchased before May 1, 2010. The Credit is equal to 10% of the purchase price up to a maximum credit of $8,000. The contract must be entered into before May 1, 2010 and the closing must occur before July 1, 2010. The Legislation also raised the income phase out to make the credit available to some higher income taxpayers. The FTHTC now phases out for individual taxpayers with adjusted gross income between $125,000 and $145,000 ($225,000 and $245,000 for joint filers). For houses purchased in 2009, the credit can be taken on either amended 2008 tax return or on your 2009 tax return. For purchases in 2010, the credit can be taken on your 2009 return or 2010 return. Additionally the Act enacted a credit for existing homeowners who are "long-time residents". For purchases after the enactment date, any individual who has maintained the same Principal residence for five consecutive years out of the last eight years ending with the date of purchase is treated as a first-time home buyer of that subsequent residence.
The maximum credit allowed for existing homeowners is $6,500. Both credits have certain criteria to be met 1) the taxpayer must be 18 or older (married couples one spouse must be 18 or older), 2) a taxpayer is ineligible if they are claimed as dependent by another taxpayer, 3) the purchase price oh the home may not exceed $800,000 (not even $1 over on this one), 4) a copy of the executed statement must be attached to the return, 5) the property cannot be purchased from an ancestor (parent, grandparent, etc.) or a lineal descendant (child, grandchild. etc) additionally the new legislation prohibits the purchase from a spouse's ancestors or lineal descendants, and 6) if you sell or cease using the house as a principal residence before the holding period (36 months) expires you will have to repay the credit.
Hot Topic#2: Making Work Pay Credit
The making work pay credit was part of Barack Obama's economic stimulus plan. The legislation implemented was a refundable credit of $400 ($800 for joint filers) which was "advanced to the tax payers through their wages by a decrease in federal withholding" for the 2009 and 2010 tax years. The credit is phased out for tax payers with AGI over $75,000 ($150,000 for joint filers). The reason i bring this credit up as a hot topic is that believe it or not - many of you may have reduced refunds or owe taxes because of the way the credit was implemented. Individuals with more than one job and married couples in which both spouses work (and claim married status on their with holding) might have to repay the government $400 either through smaller tax refund or a larger tax bill because under the revised withholding tables may have been "advanced" more than they were entitled to receive. Additionally, Social Security recipients who also earn taxable wages might have to repay $250 (that $250 economic recovery payment received in 2009).
Hot Topic#3: 5 year carry back of NOL's (Net Operating Loss) was extended to include 2009 NOL's
The November legislation provides an election for most tax payers (not just small businesses) to increase the carry back period for an applicable NOL to 3,4 or 5 years from the standard carry back period of 2 years. The NOL that can be carried back to the 5th year before the loss may not be more than 50% of the tax payer's taxable income for that 5th preceding tax year. This provision may provide refund opportunities for business tax payers with 2009 losses to get a refund of taxes paid in 2004 and 2005.
Hot Topic#4: Increase Penalties for Failure to File Partnership and S Corporation Returns
The penalty for late filing is $89 times the number of partners or shareholders for each month that the failure continues up to a max of 12 months for returns required to be filed after Dec. 31, 2008. The November Act increases this penalty amount to $195 per partner or shareholder per month. So calling all procrastinators!! Its going to start costing you. Just as a reminder, Corporate and S Corporate returns are due 2 1/2 months after the close of the year end (that's March 15th for calendar year tax payers). The max extension is 6 months or September 15th for calendar year filers (not Oct 15th with your personal return). Partnership returns are due 3 1/2 months after year end (or April 15th for calendar year partnerships) and can be extended 6 months until October 15th. Please keep in mind these important due dates.
Tax Planning Tips:
1. Sales tax on vehicles purchased after Feb. 17, 2009 and before December 31, 2009 can be deducted in addition to your standard deduction (you don't have to itemize to claim the deduction). Additionally, real property taxes on your Principal residence up to $500 ($100 for joint filers) can be deducted in addition to the standard deduction. If you do not itemize paying your real estate taxes in December instead of January can save you money on your taxes.
2. During 2009 only up to $2,400 of unemployment compensation is excludable from gross income.
3. For those of you with 529 plans for your college students, the definition of qualified highers education expenses has been expanded (for 2009 and 2010) to include the purchase of computer technology equipment and Internet access and related services. Expenses for software and services designed for games. sports and hobbies is excluded (that World of Warcraft subscription wont qualify).
4. The Hope credit has been expanded and renamed the American Opportunity Tax Credit. The credit was increased from $1200 of the first $1,200 of qualified expenses and 50% of the second $1,200 in expenses to $2,500 per eligible student. Eligible expenses is expanded to include course materials (books). The Credit is allowed for the first four years (up from just two). The Act increased the income phase out levels, permits the credit to offset AMT tax and allows 40% of the credit to be refundable. (The Lifetime Learning Credit was not affected).
5. 50% Bonus Depreciation and AMT depreciation relief were extended one year through Dec. 31, 2009. Only new assets qualify for the bonus depreciation, used assets do not qualify.
6. The increased Section 179 deduction for asset purchases of $250,000 and beginning phase-out amount of $800,000 were extended to apply to 2009. (Note the max 179 deduction for heavy SUV's loaded weight exceeding 6,000 pounds is $25,000).
7. The non-business energy property credit was increased from 10% to 30%. All property that was previously eligible for the $50, $150 and $300 credits is instead eligible for the 30% credit. The $500 lifetime cap is eliminated and replaced with an aggregate $1,500 cap for 2009 and 2010 (this means that you cannot take more that $1,500 credit for 2009 and 2010 combined). The credit was extended through Dec. 31, 2010.
8. If you plan to convert an IRA to a Roth you may want to wait until 2010. The tax on 2010 conversions can be deferred and spread out over two years. Additionally, the ban on conversions by high incomers wont apply after this year. However, high income converters may want to take the tax hit upfront as the top tax rate will likely increase after 2010.
9. Capital losses you incur offset your capital gains and up to $3,000 of other income.
10. If you are in the 10% or 15% tax bracket, dividends and capital gains on investments owned for more than a year are tax-free until they push you up to the 25% tax bracket. That bracket begins at $67,9000 for joint filers and $33,950 for singles. The rest of your dividends and long term gains are taxed at 15%. Short term gains are taxed as ordinary income.
11. Don't forget about the wash sale rule. The wash sale rule bars deduction for a loss on an investment if you purchase the identical securities with in 30 days before or after the sale. This rule can be also triggered if you have your IRA quickly repurchased stock you sold at a loss. Disallowed losses are added to the tax basis of the replacement stock.
12. There are no year end requirements distributions from IRA's and retirement plans for 2009 for individuals as 70 1/2 and older.
These are just some of the new changes...
Thursday, September 10, 2009
EMPLOYEE ALERT: Adjustments to W-4 maybe needed under new law
Generally, I write about my experiences within the Accounting world, but this time I wanted to speak to you directly with more so facts based upon the federal government. With that said I have been reading on the new laws taking affect, and thought it would be a good time to advise my readers, supporters and hard workers about the Tax tables that were announced.
Because of the new withholding tables under the American Recovery and Reinvestment Act, some you whho are employees might want to adjust your 2009 FITW (Federal Income Tax Withholding) by submitting a new W-4 now. The Act reduced FITW (Federal Income Tax Withholding) to reflect the Make Work Pay tax credit. But for some employees, that adjustment may result in paying less than the required 90% of FIT (Federal Income Tax) by Dec. 31, 2009, which may lead to penalties.
The penalties for you that receive a refund means less money received back on your refund, the possiblity of actually having to pay money to the government and if maybe even garnishments from your paychecks if you can not afford to pay the IRS (worse case scenario).
Employees most likely to have too little withheld under the new tables are:
- Your Spouse and you both work
- individuals with more than one job;
- You can be claimed as a dependent on someone else’s tax return (since you are not eligible for this credit).
- Pension Income: Non-government pension income is not eligible for the Making Work Pay Credit, and the calculator now accounts for this. If you expect to receive a significant amount of pension income in 2009, you should use this calculator so that you can adjust your withholding appropriately for the second half of the year.
- Unemployment Compensation: The first $2,400 of unemployment compensation an individual receives in 2009 is now tax free. The Withholding Calculator now accounts for this, so enter the full amount into the calculator.
So you may want to use the Withholding Calculator provided by the IRS:
http://www.irs.gov/app/cgi-bin/wh09.cgi/p2/en
The purpose of this application is to help employees to ensure that they do not have too much or too little income tax withheld from their pay. It is not a replacement for Form W-4, but most people will find it more accurate and easier to use than the worksheets that accompany Form W-4. You may use the results of this program to help you complete a new Form W-4, which you will submit to your employer.
2009 W-4 Form: http://www.irs.gov/pub/irs-pdf/fw4.pdf
Here is a link for more information regarding this annoucement: http://www.irs.gov/individuals/article/0,,id=96196,00.html
If you are an employer, here is a notice for your employees (page 73):
Friday, August 14, 2009
Why should you have the right Bookkeeper?
You need to be aware of who you hire as a bookkeeper ,make sure they are the right person and have more than just working knowledge of your accounting systems, such as QuickBooks. Why am I so concerned about assuring you hire the right bookkeeper? Well there are 2 major reasons:
Unexpected Time & Money: If you do not hire the correct person to set up and maintain your financial records, you can end up with very costly errors. The most important things can be overlooked, laws can be broken and the reason for initially hiring someone to assist you is now blurred.
Bookkeeping should be seen just like the job of a teacher, it required constant education, focus, patience and understanding. A Bookkeeper should have references, qualifications and proof of ability. When hiring a Bookkeeper you are going to get what you pay for and quantity doesn’t always equal quality. Acquiring the right Bookkeeper will cost you somewhere in the midst of $18-$45 an hour if they are not affiliated with a CPA firm, if affiliated with a CPA firm you are looking at $75 and up per hour. There are some valuable Bookkeepers that could possibly be hired at a rate lower than the average but they are very few, as most Bookkeepers know their worth.
Many (so called) “bookkeepers” are claiming they have many, many years experience working in an office environment, paying the bills and collected the monies owed to the company. But in reality, just putting in a creating a check out of the system or taking a payment from a customer does not constitute you as a Bookkeeper, this just means they can process a data entry function. The real question is, “Do they know that if you create a credit from here it could cause a debit there?” Or that reconciliation of credit cards and bank accounts are sure way of missing on money made or money paid? Or do they know about what the Sales Tax rules are for your industry? Or what consists of a COGS (cost of goods sold) account, and where that should be in a P & L (profit and loss) Statement?
If the Bookkeeper or Office team member that maintains your financial records misses any minute detail in their accounting of debits or credits, or deletes an entry in the general ledger, doesn’t reconcile your credit cards or bank accounts, or creates journal entries to hide mistakes this could drive the cost of your CPA fees during tax time to go up by 30-50%, it could cost you several months of corrections, findings and auditing which depending on the cost of your CPA’s bookkeepers or an outsource could costs you almost as much as half the yearly salary or subcontracted wages you initially spent. Now your time is no longer focused on your businesses day to day functions, its now all in focused on looking up invoices completed last February, or remembering what charge was in this credit card or researching whether or not you overpaid or underpaid.
The right Bookkeeper will be able to not only assist you in the day to day financial transactions, but she/he should also be able to implement internal control processes to assists in the organization, education and continual growth of your business. Your Bookkeeper should allow you to run your business not your business run you.
Just remember that saving a few dollars now could cost you thousands of dollars later and the once place you should not want to cut corners on is you’re the financial responsibility of your business.
Tuesday, July 28, 2009
Employee or Subcontractor
For example:
ABC, Corp hired an office administrator by the name of Sarah at an annual salary of $36,000 a year. Sarah would gross (bring home before taxes) $1,384.62 every two weeks. This $1,384.62 would cost the employer on average a total $1,661.54 which is an additional $276.92 bi-weekly, $553.84 every month or $6,646.04 every year for just this one employee. ABC, Corp is now technically paying Sarah a salary of $42,646.04.
As you can tell by the example this is a very costly employee. Therefore, many employers, small business or even large corporations are turning to so called "subcontractors" or the "independent contractors". In many aspects these types of individuals are very beneficial because there are no pensions, insurances, training, and extra money spent on payroll. However, many companies believe that anyone can be considered a "subcontractor" or the "independent contractor", this is not true.
Most administrative staff is not considered a subcontractor or independent contractor because the employer normally sets the hours, the rules and the training as well as materials. However, commissioned sales representatives could possibly be based as a subcontractor or independent contractor because they normally supply their own materials (such as postcards, flyers, business cards, etc. ), they also do not need training on the job requested of them.
A good rule of thumb is to determine whether or not a person is considered subcontractor or employee is the following:
They can be divided into three categories:
- Behavioral control evaluates whether you have the right to direct and control how the work is done (training and instructions)
- Financial control considers whether you have the right to direct and control the economic aspects of the work (significant investment, expenses, opportunity for profit or loss)
- Relationship of the parties looks at how you and the worker view your relationship (employee benefits and written contracts).
All facts and circumstances of your situation must be examined to determine whether a worker is an employee or subcontractor. No single factor provides the answer.
Also, it is best practice for a business owner to have every subcontractor complete a W9 form (link provided below) as well as keep detailed record keeping of what monies are paid out to the subcontractor. If the subcontractor is paid by the small business more than $600 per year the employer is legally required to provide a 1099 so that the subcontractor can claim the untaxed income on their personal tax return. If the subcontractor is Incorporated or LLC the business owner does not have to provide them with a 1099 as they file corporate taxes whether pass through or not.
If you have the right accounting or bookkeeping personnel these rules should be known as this could cause serious penalty to the business owners.
For more information about subcontractors from the IRS:
http://www.irs.gov/pub/irs-regs/subcontractorsfaq&a.prn.pdf
If you want the IRS to determine work status (subcontractor status)complete form SS-8:
http://www.irs.gov/pub/irs-pdf/fss8.pdf
If you want to complete or have your subcontractors complete a W-9:
http://www.irs.gov/pub/irs-pdf/fw9.pdf
Friday, July 24, 2009
Bookkeeper Vs. Accountant
With that said, they had many of these so called "CPAs" tell them incorrect information when it comes to sales tax. One Accountant told them to be sales tax exempt, the other told them they didnt have to pay sales tax, while others just didn't know what to do with their sales tax. Furthermore, their new so called "Accountant" stated again they need to be sales tax exempt. As I discussed the formalities of how inaccurate he was, he debated with me. Here I am a Bookkeeper, former Regional Financial Analyst and Regional Accountant... going toe to toe with an incorrect Accountant who will not stand corrected.
As I evaluated & researched the knowledge of many in the Flooring Sales & Installation industry, I have come to the conclusion there is a lot of confusion regarding sales tax in this industry so I wanted to advise those Florida businesses that fall in this catergory of the rules:
In any Flooring Cash & Carry sale (these are the sales with no installation services provided by the retailer), the customer is to pay the sales tax at the given rate of Florida plus the county rate (or discretionary rate) here in Martin & St. Lucie county the total sales tax would be 6.5%. If the total sale comes to $5,000 or less you would charge the full 6.5% sales tax figure, however if the sales is over $5,000 you would only charge the Florida Sales tax rate of 6% and a flat $25.00 instead of the 0.5% for the county/discretionary sales.
Example 1: Your purchased 500 sqft of laminate at $4.29. The total sale would be $2,145 so the sales tax that would be charged would be $2,145 * 6.5% = $139.43
Example 2: If you purchased 1,500 sqft of laminate at $4.29. The total sale would be $6,435 so you would charge the customer 6% = $386.10 and $25 (instead of the 0.5%), the total sales tax would = $411.
If this company were to do what they call a Furnish & Install contract, which is selling the product and installing it, there would be no sales tax charged to the customer or from my discussion with the FDOR auditor, no sales tax owed to the FDOR on that sale because you are providing a home improvement service. This is and only if a company is doing what they call lump sum billing, which is basically figuring in the sales tax, price of material, freight and labor into one lump sum figure.
The retailer would pay taxes to the suppliers however, nothing is owed to the IRS.
If you do not do lump sum billing then retailer must pay sales tax on materials to both the suppliers and the FDOR.
Also, another issue found is if an Accountant or other Accounting Professional states you should become sales tax exempt, this is the incorrect terminology. What they are trying to convey is to get a Resale Certificate, however in the Flooring industry mentioned this is a bookkeeping/accounting nightmare as now you must pay use tax, which is the tax used on the exact total of materials used.
Please see FDOR publications:
Sales Tax Filing Instructions: http://dor.myflorida.com/dor/forms/2009/dr15ezcsn.pdf
Discretionary Information:
http://dor.myflorida.com/dor/forms/2009/dr15ezcsn.pdf
Flooring dealers:
http://dor.myflorida.com/dor/tips/tip03a01-03.html
Tuesday, July 14, 2009
Who's Watching YOUR Money? 7 Tips for Hiring the Right Bookkeeper!!
1. Get QuickBooks.
For ease of use, I highly recommend using QuickBooks and hiring a QuickBooks ProAdvisor. QuickBooks ProAdvisors have taken certification exams to insure that they know the system. I have used QuickBooks both for myself and my clients since 1996 and highly recommend it for its ease of use/understanding.
The online version is great in that you can see the latest version of your books at any time and eliminate the annoyance of emailing files back and forth and wondering who has the latest version.
2. She must see both the forest AND the trees.
You want your bookkeeper to be detail-oriented AND to see/understand the big picture. She needs to know what happens consistently – every month – and update your books without bothering you for items she should know about.
3. She must know your industry.
You don’t want to have to train your bookkeeper on your industry language, standard industry income or expense categories or other basics. The more up-to-speed she is, the faster she can hit the ground running and the sooner you will have good data. If she doesn’t know your industry however, be sure to give her a rundown of lingo and how you refer to your customers/clients/tenants in order for you to get the most meaningful reports out of the gate.
4. She must provide timely reporting.
In hiring your bookkeeper, insure that you put in a provision for when you want to see monthly financial's. The date will depend on when your bank month ends – give her a few days after that date to reconcile your accounts and produce reports. At a minimum, you want to see a profit & loss, balance sheet and cash flow statement.
5. She must know accounting terms and still speak “English”.
Your bookkeeper needs to know the difference between assets, liabilities, income, expenses and equity and be able to provide your accountant with the necessary data upon request. At the same time however, if you are not “numbers oriented”, she also needs to be able to explain the financial statements to you in plain English.
Hiring someone to keep track of your bookkeeping requires a level of trust between you both. You need to feel comfortable that she will keep track of your information and maintain your confidentiality. At the same time, if she pays your bills and has access to your bank accounts, you must also trust that she will not abuse that privilege. And make no mistake, it is a privilege to have someone (particularly in a virtual relationship) trust you with their finances, their checkbook and their business.
Good business sense demands that you protect yourself “just in case”. I highly recommend that, in addition to a confidentiality agreement, you insure that your bookkeeper is bonded and you get a copy of that bond.
7. She must have great communication skills.
If your bookkeeper will be communicating with your clients and vendors, she must represent your business as you would. Whether virtual or in-house, it’s critical that your bookkeeper be a positive force that further enhances relationships. The question of money can, at times, be a sensitive matter. You need someone who recognizes that and communicates appropriately.