Business Tax Planning Letter As 2023 wraps, we will step into a new tax season, oering the ideal opportunity for proacve year-end tax planning. Just like previous years, noteworthy changes in tax rules and regulaons necessitate a careful review. Below are key points and praccal ps to help assist you. Keep in mind, that this is just a starng point. Every business is dierent and individual business circumstances vary. DMJPS is commied to helping you and your business succeed. We're here to provide advice that's tailored to your unique situaon. TABLE OF CONTENTS The topics below are clickable links for easy navigaon. TAX LAW UPDATES ..................................................................................................................................... 3 W-2s & 1099s .......................................................................................................................................... 10 REASONABLE COMPENSATION ............................................................................................................... 11 YEAR-END BONUSES................................................................................................................................ 12 179 DEDUCTION & BONUS DEPRECIATION ............................................................................................. 13 BUSINESS PROPERTY TAX LISTING ........................................................................................................... 15 MEALS & ENTERTAINMENT ..................................................................................................................... 15 PER DIEM ................................................................................................................................................. 16 MILEAGE .................................................................................................................................................. 17 UNREIMBURSED EMPLOYEE BUSINESS EXPENSES .................................................................................. 18 QUALIFIED BUSINESS INCOME (QBI) ....................................................................................................... 18 RESEARCH & EXPERIMENTAL EXPENDITURES ......................................................................................... 19 NET OPERATING LOSS (NOL) ................................................................................................................... 20 BAD DEBTS & WORTHLESS STOCK ........................................................................................................... 21 HOBBY LOSSES ......................................................................................................................................... 23 CHOICE OF ENTITY .................................................................................................................................. 24 EMPLOYING FAMILY MEMBERS ............................................................................................................... 25 BUYING/SELLING A BUSINESS ................................................................................................................. 26 SMALL BUSINESS TAXPAYER .................................................................................................................... 27 RETIREMENT ........................................................................................................................................... 28 CLOSING COMMENTS ............................................................................................................................. 30
3 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. TAX LAW UPDATES THE CORPORATE TRANSPARENCY ACT Starng January 1, 2024, new reporng requirements will take eect under the Corporate Transparency Act (CTA), a part of the broader An-Money Laundering Act of 2020. The CTA is a signicant step in prevenng money laundering, tax evasion, and other illegal acvies that can be facilitated through anonymous shell companies. Here's what businesses need to know about the CTA: Who Needs to Report: • The CTA primarily impacts smaller businesses. Domesc and foreign companies operang in the U.S. are required to disclose specic informaon about their owners to the Financial Crimes Enforcement Network (FinCEN). This includes corporaons, limited liability companies, and other similar enes. • However, there is also an exempon for "large operang companies," which must meet specic criteria: a) employing over 20 full-me U.S. employees, b) maintaining a physical U.S. oce presence, and c) reporng more than $5 million in U.S. revenue to the IRS in the previous year through federal income tax or informaon returns. Who is Exempt: • Larger companies that meet the above criteria are exempt. • Other exempt enes include public companies, banks, insurance companies, and certain regulated industries which are already subject to similar reporng requirements. What Needs to be Reported: • "Reporng Companies" must provide FinCEN with informaon about their "benecial owners," dened as individuals who own or control 25% or more of the company or have substanal control over the company's operaons. • This includes providing full legal names, dates of birth, addresses, and a unique idenfying number from a passport or driver's license. • Informaon about "Company Applicants" – the individuals who led the documentaon to form the company – must also be reported. The FinCEN Idener: • Businesses can opt to receive a FinCEN Idener, a unique number that can be used in place of providing all benecial owner informaon each me a report is required. Penales for Non-Compliance: • Failing to comply with the CTA can result in nes up to $10,000 and/or imprisonment for up to two years. Jump to Table of Contents
4 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. For businesses that are subject to the CTA, it is crucial to understand these new rules and begin preparing now to meet the January 2024 deadline. Those exempt from the Act can proceed with their current operaons, but should be aware of the CTA's requirements in case their status changes in the future. DMJPS PLLC wishes to clarify that, based on current guidance, we will not be able to assist with reporng under the CTA. Insurance carriers have advised that providing such assistance on CTA maers would equate to praccing law without a license. Therefore, it is of utmost importance for businesses to be informed of these regulaons and ensure adherence to avoid any potenal legal repercussions. SECURE ACT 2.0 The SECURE 2.0 Act of 2022, ocially known as the Securing a Strong Rerement Act of 2022, was signed into law by the President on Thursday, December 29, 2022. This legislaon represents a signicant step forward in enhancing rerement savings opportunies for workers in the United States. Building upon the foundaons laid by the Seng Every Community Up for Rerement Enhancement (SECURE) Act of December 2019, SECURE 2.0 introduces a range of provisions aimed at increasing coverage and savings for rerement, thereby strengthening the nancial security of American workers as they enter their golden years. Key provisions of SECURE 2.0 that are likely to impact our business clients, taxpayers, and plan administrators include: Expanding Coverage and Increasing Rerement Savings • Automac Enrollment in Rerement Plans (Starng in 2025): The bill mandates that 401(k) and 403(b) plans automacally enroll eligible parcipants, with an inial enrollment default rate between 3% and 10%. The enrollment rate then increases by 1% annually unl reaching at least 10%, but not more than 15%. Notably, this requirement exempts small businesses with 10 or fewer employees, newly established businesses, church plans, and governmental plans. • Treatment of Student Loan Payments as Elecve Deferrals for Matching Contribuons (Starng in 2024): Employers can now make matching contribuons in 401(k), 403(b), and SIMPLE IRA plans in respect to "qualied student loan payments," thereby aiding employees burdened with student loans to sll benet from employer match programs. Modicaon of Small Employer Pension Plan Start-Up Costs Credit (Started in 2023) • The Act enhances the start-up credit from 50% to 100% for employers with up to 100 employees (previously 50 employee limit), providing a higher incenve for small businesses to establish pension plans. • The credit now also includes employer contribuons, capped at $1,000 per employee, excluding certain dened benet plan contribuons. New Credit for Small Employers for Military Spouse Employees (Started in 2023)
5 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • Small employers with no more than 100 employees can benet from a tax credit under Secon 112 of the SECURE 2.0 Act. This credit is designed to encourage the inclusion of military spouse employees in dened contribuon plans, provided they meet specic eligibility and vesng criteria. The tax credit comprises two components: o Parcipaon Credit: Employers can claim $200 for each eligible military spouse employee who parcipates in the plan. o Matching Contribuon Credit: Addionally, employers can claim a dollar-for-dollar match on the rst $300 of contribuons made on behalf of the military spouse employee, resulng in a maximum tax credit of $500. It's important to note that this tax credit applies for three years per eligible military spouse and does not extend to highly compensated employees. Enhancement of Saver's Credit (Starng in 2027) • Under SECURE 2.0, the previous "saver's tax credit" is replaced by a direct federal contribuon to the taxpayer's Tradional IRA or rerement plan. This contribuon equals 50% of the taxpayer's annual rerement plan contribuons, up to a maximum of $2,000 per individual. The phase-out occurs based on adjusted gross income, ranging from $20,500 to $35,500 for individuals and higher limits for joint lers and heads of household. Importantly, this contribuon isn't subject to annual contribuon limits, including those for IRAs. However, it generally isn't available to taxpayers under 18, tax dependents, full-me students, or nonresident aliens. Increase in Required Beginning Date Age (Starng in 2023) • The required minimum distribuon age will increase to 73 starng January 1, 2023, then to 74 in 2030, and nally to 75 in 2033. Enhancements to Rerement Plan Catch-Up Limit • Annual Catch-up Contribuon Limit for 2023: In 2023, the annual catch-up contribuon limit is set at $7,500 for most rerement plans. However, for SIMPLE plans, this limit is $3,500. • Increased Catch-up Contribuon Limits for Ages 60-63 (Starng in 2025): Individuals aged 60 to 63 during the taxable year will benet from signicantly increased catch-up contribuon limits. For plans other than SIMPLE plans, the new limit will be the greater of $10,000 or 150% of the regular catch-up contribuon limit from 2024. For SIMPLE plans, it will be the greater of $5,000 or 150% of the regular limit from 2025. • Special Rules for Wages Exceeding $145,000 (Starng in 2026): For individuals who’s wages exceed $145,000, any catch-up contribuons made to plans other than SIMPLE plans will be treated as designated Roth contribuons. This means these contribuons will be included in your taxable income. Note that the $145,000 will be indexed for inaon for years aer 2024. However, the IRS has postponed the mandatory Roth catch-up for high earners aged 50+ from 2024 to 2026 due to implementaon challenges, resulng in a two-year delay. • Indexed Catch-up Contribuon Limit for IRAs (Starng in 2024): The $1,000 catch-up contribuon limit for IRAs, which is available to individuals aged 50 or older, will be indexed Jump to Table of Contents
6 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. for inaon. This means that the limit will increase in mulples of $100 to keep up with the rising cost of living. Reducon in Service Required for Long-Term Part-Time Workers (Starng in 2025) • Shortened Waing Period: 401(k) plans will allow employees who work more than 500 hours for at least two consecuve years and reach the age of 21 by the end of this two-year period to parcipate. This is a reducon from the previous three-year requirement. • Exclusion of Pre-2021 Service: Addionally, the Act species that 12-month periods before January 1, 2021, will not be counted when determining years of service for vesng of employer contribuons. In simpler terms, this means that these periods won't be considered when calculang how long an employee has worked for vesng purposes. • Extension to 403(b) Plans: These new rules also apply to 403(b) rerement plans that are subject to the Employee Rerement Income Security Act (ERISA). ERISA is a federal law that sets certain standards and protecons for rerement plans oered by employers. By extending these rules to 403(b) plans subject to ERISA, it ensures a consistent set of regulaons for both 401(k) and 403(b) plans, making it easier for long-term part-me employees to parcipate in rerement plans and save for their future. Simplicaon and Claricaon of Rerement Plan Rules (expected no later than December 29, 2024) • A naonal, online "lost and found" for rerement plans will be established, alongside new regulaons from the Department of Labor to guide duciaries in locang missing parcipants. • The Employee Plans Compliance Resoluon System (EPCRS) will be expanded to allow more types of errors to be corrected internally through self-correcon and will also apply to inadvertent IRA errors. Revenue Provisions: • SIMPLE IRAs will be able to accept Roth contribuons starng in 2023. In summary, the SECURE Act 2.0 introduces impacul changes aimed at enhancing rerement savings and providing greater exibility for Americans. DMJPS is commied to helping you navigate these new provisions and ensure you are well-posioned to take full advantage of the benets oered by the Act. Please do not hesitate to reach out to us with any quesons or for further assistance in understanding how these changes may aect you or your business. See the Rerement secon for further informaon. EMPLOYEE RETENTION CREDIT (ERC) Informaon Release 2023-169 revealed a signicant move by the IRS, placing an immediate moratorium on processing new claims for the ERC unl at least the end of the year. This decision comes as a response to the rising concerns about improper
7 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. claims that have put the integrity of this program and the nancial security of honest small business owners at risk. The moratorium is in eect unl at least December 31, 2023. Businesses have been inundated with adversements and promoonal content regarding the ERC. An IRS report from October 19, 2023 showed that the Service has processed a staggering 3.6 million ERC claims over the course of the program. This trend is concerning and has prompted the IRS to take a stance to safeguard the interest of legimate claimants. It is important to note that these measures taken by the IRS are not meant to penalize businesses with valid ERC claims. Such claims should connue to be led within the statute of limitaons for 2020 and 2021 payroll reports, albeit with an understanding that processing mes will be extended. The IRS has also made it clear that during this moratorium, claims submied before September 14 will connue to be processed, albeit at a slower pace, with the standard processing goal shiing from 90 days to 180 days or more, depending on the need for addional review or audit. Commissioner Werfel advises businesses to exercise cauon, especially those being pressured by promoters to apply for the ERC. Businesses should seek advice from trusted tax professionals who are well-versed with the complexies of the ERC rules rather than falling prey to promoters seeking conngency fees. To further assist businesses in understanding their eligibility for the ERC, the IRS has provided a queson and answer guide along with a simple chart outlining the requirements to claim the ERC. Furthermore, the IRS has also highlighted the consequences of making an improper claim, which includes the obligaon to repay the credit along with potenal penales and interest. The list of red ags provided by the IRS should serve as a guide for businesses to steer clear of unscrupulous promoters. In closing, while the IRS takes strides to combat fraud and protect legimate claimants, businesses must remain vigilant and informed. Ensure that your claims are legimate and seek professional advice to navigate through these turbulent mes eecvely. By doing so, you will safeguard the nancial well-being of your business and contribute to upholding the integrity of the ERC program. FORM 8300 $10,000 CASH PAYMENT REQUIREMENTS FOR BUSINESSES The Internal Revenue Service (IRS) mandates strict reporng requirements for businesses receiving cash payments over $10,000 in a trade or business, as outlined in the 2023 Form 8300. The purpose of this reporng is to monitor large cash transacons that could be indicave of money laundering or other illicit acvies. Let's delve into the key components of the Form 8300 reporng process to ensure your business stays in compliance with these vital regulaons. Key Points: When to File Form 8300: Jump to Table of Contents
8 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • File within 15 days of receiving a cash payment over $10,000. • This applies to single transacons or a series of related transacons. What to Include in Form 8300: • Business details (name, address, EIN). • Payer's details (name, address, TIN). • Transacon details (date, amount, payment method). Reporng Transacons from Foreign Persons: • Addional reporng may be required for payments from foreign individuals, including details on foreign bank accounts involved in the transacon. Providing a Statement to the Payer: • Businesses must provide a wrien statement to the payer by January 31 of the year following the transacon. Record Keeping: • Keep a copy of Form 8300 and any supporng documentaon for ve years. Penales for Non-Compliance: • Penales may include nes and, in severe cases, criminal charges. Mandatory E-Filing Starng January 1, 2024: • Businesses ling 10 or more informaon returns must e-le Form 8300 through FinCEN's BSA E-Filing System. • E-ling is secure, free, and convenient. • If e-ling causes undue hardship, apply for a waiver using Form 8508. • If your religious beliefs conict with e-le technology, you are exempt from e-ling and must write "religious exempon" at the top of each paper Form 8300. SALES & USE TAX (WAYFAIR) In 2018, a signicant change in tax law occurred with the South Dakota v. Wayfair decision by the U.S. Supreme Court. This ruling changed the way sales and use taxes are applied to businesses selling products or services across state lines, allowing states to tax businesses based on their economic acvity in the state, rather than requiring a physical presence. The impact of this decision has been considerable. Before Wayfair, many businesses avoided paying sales and use tax in states where they did not have a physical presence. However, since the ruling, every state with a sales and use tax has implemented laws to tax remote sellers based on their economic presence in the state. While this has increased state revenues, it has also created complexity for businesses. Business now need to navigate various state and local sales
9 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. and use tax laws, as well as determine if they have exceeded the thresholds for tax collecon in each state. Planning Strategies and Consideraons • Nexus Study: Conduct a detailed analysis of your business operaons to idenfy your nexus footprint. For example, having an oce, employees, or exceeding a sales threshold in a state can create a tax obligaon due to the economic presence in that state. • Tracking: Maintain precise records of all your sales and transacons across the country, monitoring them on a monthly basis. This data is crucial to determine when your business surpasses the tax collecon thresholds set by any state. • Automated Services: Implement automated tools and soware soluons to simplify the management of tax rates, exempons, and compliance requirements. Companies like Avalara, Vertex, and TaxJar provide excellent soluons for managing sales and use tax complexies, saving you me and minimizing potenal errors in tax calculaons and lings. • Business Structure Review: Examine your business and enty structures to ensure they are opmized for minimizing tax obligaons. You may need to adjust your operaon or distribuon methods, or explore other legal structures to reduce your tax burden. • State and Local Tax Laws: Develop a comprehensive understanding of the state and local sales and use tax laws applicable to your business. It's crucial to know the taxability of your products and services, as well as any applicable exempons, to prevent over or underpayment of taxes. NORTH CAROLINA PASS-THROUGH ENTITY TAX (PTET) On April 3, 2023, North Carolina Gov. Roy Cooper signed S.B. 174, bringing forth signicant tax law changes, including amendments to the state’s elecve Pass-Through Enty Tax (PTET). These revisions not only provide claricaon on certain tax aspects but also broaden the eligibility for enes seeking to make a PTET tax elecon. This is parcularly relevant for business clients who might benet from these changes. What exactly is the PTET? The North Carolina Pass-Through Enty Tax provides a valuable tax-saving opportunity for certain businesses like LLCs, S corporaons, and partnerships. With the federal $10,000 state and local tax (SALT) deducon limit on the pass-through individual’s Form 1040, Schedule A, business owners can no longer fully deduct their state income taxes on their federal return. This tax allows businesses to shi the payment of state income tax to the enty level, bypassing the SALT cap, and potenally reducing their overall tax bill. Key Points: Expanded Eligibility for PTET Elecon: • Partnerships and S corporaons are now allowed as owners in an elecng partnership. Jump to Table of Contents
10 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • Previously, this was limited to partnerships fully owned by individuals, estates, trusts, or certain tax-exempt organizaons. Nonresident Withholding for Tiered Partnerships: • Tiered partnerships (partnerships within partnerships) are now eligible for the elecon, with specic nonresident withholding requirements. Credit for Taxes Paid to Another State: • North Carolina residents can receive a credit for taxes paid to other states, even if their partnership did not make the PTET tax elecon in North Carolina. Updates for Tax Year 2023 and Beyond: • Starng in 2023, the calculaon of PTET will exclude income not sourced from North Carolina. • Resident owners of an elecng PTET cannot claim a credit for their share of enty-level income tax paid to another state. W-2s & 1099s As the end of the year approaches, it's important to start preparing for tax documents, specically W-2 and 1099 forms. 1099 Filings: • Deadline: Please let us know by December 1, 2023, if you require assistance with your 1099 lings. These forms must be led by January 31, 2024. • Requirements: 1099s are required for payments of $600 or more for services, rent, prizes, awards, and professional fees (including aorneys and physicians). • Excepons: No 1099 is required for wages (reported on Form W-2), payments to corporaons (except for legal and healthcare services), merchandise payments, salaries to individual partners, trust, or estate payments to beneciaries, and personal payments for rent, interest, services, etc. Legal Services: • All payments of $600 or more for legal services must be reported on a 1099, regardless of the recipient's corporate status. Backup Withholding: • Backup withholding is a tax measure that requires the payer to withhold tax at a rate of 24% if the payee fails to provide a valid tax idencaon number (TIN) or if the IRS noes the payer that the payee is subject to backup withholding. This is a prevenve measure to ensure the IRS receives its due tax. Once withheld, the tax is then remied to the IRS. All payments subject to backup withholding must be reported on a 1099, regardless of the amount.
11 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. Vendor Files: • Make sure you have a signed Form W-9 from each vendor. If not, request one now. Penales: • Be aware that penales for failing to le correct informaon returns or to furnish correct payee statements have increased and are subject to inaonary adjustments. Electronic Filing: • As the IRS is pushing for electronic ling, consider e-ling your W-2s and 1099s instead of mailing them in. Visit the IRS website here to access the chart containing the due dates for 2023 Forms in 2024. REASONABLE COMPENSATION Corporaons are required to pay reasonable salaries to shareholder-employees for the services they provide. Failing to do so may result in the corporaon having to jusfy its reasons, such as being in a startup phase with prots retained for growth, or facing cash-ow dicules. It is important to note that these reasons should be well-documented. However, be mindful that the IRS is likely to scrunize any juscaon if the corporaon is distribung prots but not paying shareholder-employee wages. Establishing That Compensaon Is Reasonable: To Prove that Compensaon is Reasonable, it must meet two criteria: • Intent Test: The payment should be for services rendered. • Amount Test: The payment amount should be reasonable relave to the services performed. Consideraons for Reasonable Compensaon Include: • The corporaon's nancial condion and character. • The shareholder's role, dues, and hours worked. • The compensaon policy of the corporaon for all employees and the shareholder's individual salary history. • Comparisons with similarly situated employees in other companies. • Whether an independent investor would see a reasonable return on investment aer considering the shareholder’s compensaon. Avoiding Payroll Taxes and Social Security Benet Reducon: While shareholders might seek to minimize wages to avoid FICA and other payroll taxes (since S corporaon pass-through income is not subject to these taxes), this approach should be taken Jump to Table of Contents
12 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. with cauon. Inadequate wages might be recharacterized from distribuons, thus subjecng them to employment taxes. Reasonable Compensaon and QBI Deducon: Reasonable compensaon impacts the qualied business income (QBI) deducon. Compensaon paid to shareholder-employees is not included in QBI to the owner, but it is a deducon to the business in compung QBI. Thus, S corporaons should carefully analyze shareholder-employee compensaon to maximize the impact on the QBI deducon while adhering to reasonable compensaon guidelines. Seng and Supporng Reasonable Compensaon: To support the reasonableness of compensaon, consider ulizing industry salary surveys, job search websites, and other credible sources to establish a salary range that aligns with the shareholder-employee’s role and responsibilies. It’s crucial to document the compensaon decision and any changes made throughout the year in the corporate minutes. Health, Dental, and Accident Insurance Premiums: For shareholders with more than 2% ownership, health and accident insurance premiums paid by the corporaon are deducble and must be included in their wages on their W-2. YEAR-END BONUSES When evaluang the scal landscape of your business, it's imperave to understand how employee bonuses can be leveraged for tax deducons. Many business owners grapple with quesons about the ming and method of deducng bonuses paid to employees. In this segment, we'll unpack this topic to guide you in making informed decisions that align with your business objecves and tax compliance requirements. When Can Bonuses Be Deducted? For employers using the accrual accounng method, bonuses can be deducted in the tax year when: • The obligaon to pay the bonus is established, and liability is xed. • The bonus amount can be determined with reasonable accuracy. • The economic performance concerning the liability has occurred. Deducng Bonuses for a Group of Employees: It is possible to accrue the liability for bonuses even if the individual recipients or the exact amounts payable to each employee have not been idened by the year's end. However, this is condional on the following: • Employees must have performed the necessary services during the tax year. • Employees must sll be employed by the company on the date the bonuses are paid aer the year's end.
13 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. Handling Changes in Bonus Treatment: Should you decide to alter the way you treat bonuses for tax purposes, it is imperave to comply with the specic tax codes and regulaons, including obtaining consent for any changes in accounng methods. Conngent Bonuses: If a bonus is conngent upon specic criteria (e.g., employees must sll be employed by the company on the date bonuses are paid), then the liability may not be xed at the end of the tax year. In this case, the bonus cannot be accrued unless the conngency is sased. IRS Rulings: Various IRS rulings have underscored that the all-events test must be sased for a bonus to be deducble. In other words, the employer's liability must be xed, and the bonus amount must be determinable with reasonable accuracy. If the employer retains the right to modify or eliminate bonuses, the liability is not xed unl the bonuses are paid out. Planning Strategies and Consideraons • Documentaon: Ensure all bonus policies and recipient details are thoroughly documented, especially if there are condions aached to the bonuses. • Timing: Pay close aenon to the ming of the bonuses to opmize tax deducons. • Owners: Special rules apply to the deducon of accrued bonuses to owners. 179 DEDUCTION & BONUS DEPRECIATION The end of the year is a pivotal moment for businesses to reect on their nancial performance and make strategic decisions to maximize tax savings while minimizing liabilies. With ever-evolving tax laws and regulaons, it is imperave to stay informed and proacve to leverage available tax benets eecvely. One of the most signicant areas to focus on during this season is understanding and maximizing the benets oered by the Secon 179 deducon and bonus depreciaon for capital purchases. Secon 179 of the Internal Revenue Code empowers businesses to expense the full purchase price of qualifying equipment and/or soware purchased during the tax year. The Tax Cuts and Jobs Act of 2017 (TCJA) signicantly expanded the scope of this deducon, increasing the limit from $510,000 to $1 million, with a phase-out beginning at $2.5 million. For the tax year 2023, inaon adjustments have further increased these limits, with the Secon 179 benets now applicable to businesses spending less than $4.05 million per year on equipment. The deducon limit for 2023 stands at $1,160,000, with the phase-out threshold at $2,890,000. Furthermore, bonus depreciaon is a valuable tax-saving provision that enables businesses to claim addional depreciaon deducons for qualifying business property, supplemenng the standard depreciaon allowances. Before the Tax Cuts and Jobs Act (TCJA), this benet was primarily limited to new equipment. However, under current tax law, bonus depreciaon has Jump to Table of Contents
14 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. been expanded to encompass both new and used equipment, without the requirement for "rst use" by the purchasing business. In the year 2023, businesses can claim bonus depreciaon at a rate of 80%, which represents a reducon from the 100% rate oered in previous years. The intricacies of these tax benets become more evident when we consider the applicaon of Secon 179 and bonus depreciaon together. Typically, IRS rules require businesses to use Secon 179 rst, followed by bonus depreciaon. This strategic combinaon can result in signicant tax advantages, especially for businesses that have made substanal capital purchases during the tax year. However, it's important to remember that not all taxpayers may benet from Secon 179 on its own, as bonus depreciaon covers a wider range of assets, including both new and used equipment. Key Points: • The Secon 179 deducon limit for 2023 is $1,160,000, and the phase-out threshold is $2,890,000. • Bonus Depreciaon in 2023 permits an 80% deducon for qualifying business property, which encompasses used equipment. This benet applies whether the equipment is new to the taxpayer's business or new to the world. • Vehicles have dierent Secon 179 deducon limits based on their weight, with "heavy" vehicles eligible for a higher deducon limit. • The full Secon 179 tax deducon can only be taken for vehicles used 100% for business purposes, but a paral deducon may be available for vehicles used more than 50% for business. Planning Strategies and Consideraons • Evaluate Capital Purchases: Review the necessity and benets of potenal capital purchases within the context of your business operaons. It is important to ensure that any acquisions align strategically with your business needs and objecves, rather than just providing tax benets. Timing is also crucial due to the requirement that property be placed in service by the end of the tax year. • Opmize Secon 179 and Bonus Depreciaon: Leverage the relaonship between Secon 179 and bonus depreciaon to maximize your tax savings. Apply the Secon 179 deducon rst, followed by bonus depreciaon, to ensure you receive the maximum possible deducon. • Awareness of Phase-out Limits: Be mindful of the phase-out limits for Secon 179 and the decreased percentage available for bonus depreciaon. o Bonus depreciaon will begin to phase out over the next four years: 2023 80% Bonus Depreciaon 2024 60% Bonus Depreciaon 2025 40% Bonus Depreciaon 2026 20% Bonus Depreciaon • Cash Flow Planning: When you deduct a large purchase, it can signicantly reduce your tax bill for the year. However, it's important to think about how this will aect your business's
15 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. cashow in the future. A reduced tax bill might mean less money set aside for future expenses. It's like buying something on sale now and needing to budget carefully later because you spent the savings. • Vehicle Deducons: Meculously review the specic rules and limits when deducng vehicles under Secon 179. Consider factors such as the vehicle's weight and business use percentage to opmize your tax savings. • Integraon with Tax Credits: Explore opportunies to strategically ulize Secon 179 and bonus depreciaon in conjuncon with any applicable business tax credits, such as the R&D tax credit or energy-ecient credits, to opmize your overall tax posion. • Energy Eciency Incenves: If your business is making energy-ecient purchases, research available tax incenves or credits to maximize your tax savings. Ensure these purchases qualify for both Secon 179 deducons and any addional energy-related tax incenves. • Documentaon and Record-keeping: Maintain meculous records of all your capital purchases, their business use percentage, and any associated costs. Proper documentaon is vital to ensure compliance and accuracy when claiming Secon 179 deducons, bonus depreciaon, and any related tax credits. BUSINESS PROPERTY TAX LISTING In North Carolina, businesses may be required to annually list their tangible personal property, including machinery, equipment, furniture and xtures used in business operaons in the county(s) in which they do business. The lisng period typically starts on January 1 and ends on December 31, with a nal submission date of January 31. Late lisngs can incur a 10% penalty. It's important to note that the extension date for ling can vary by county. Requirements to Complete Business Property Tax Lisng: • Detailed Inventory: A list of all business property with descripons, quanes, and locaons. • Purchase Informaon: Dates and costs associated with the acquision of each property item. • Year in Service: The year each property item was rst used for business operaons. • Supplies: A list and value of all supplies on hand as of the lisng date. • Leased Equipment: Informaon on leased equipment, including lease terms and the lessor's name. • Expensed Assets: Details of assets that were expensed for federal tax purposes but are sll required to be listed as "expensed" in the tax lisng. MEALS & ENTERTAINMENT The year 2023 marks a return to the standard rules for meals and entertainment expenses for businesses. Aer a temporary allowance of 100% deducon for some business meals under the Consolidated Appropriaons Act of 2021, this year, we are back to a 50% deducon for most business meals, similar to the pre-CAA terms and post-Tax Cuts and Jobs Act (TCJA) of 2018. Jump to Table of Contents
16 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. Deducbility in 2023: 50% Deducble: • Business meals with clients or employees • Meals during work-related meengs in the oce • Meals provided for the convenience of the employer, such as a cafeteria on the business premises • Snacks available in the oce • Meals during business travel • Meals during conferences or seminars 100% Deducble: • Recreaonal events solely for employee morale, such as a company picnic • Promoons aimed at improving public goodwill towards the business • Charity events sponsored by the business • Necessary business meals that are essenal to the operaon • Meals provided for the convenience of employees, such as lunch during a meeng that runs through typical lunch hours • Meals that are included as part of an employee's taxable compensaon • Meals sold to clients as part of the business operaon • Dues to civic or business organizaons Not Deducble: • Entertainment costs, such as concert or sports ckets • Rentals of entertainment facilies like a party venue • Membership dues for clubs and organizaons that are entertainment in nature, such as a country club Planning Strategies and Consideraons • Documentaon: Maintain clear records and keep receipts for meals that cost more than $75. • Separaon: Ask for itemized receipts to clearly separate food costs from any entertainment expenses. • Approved Entertainment: Some entertainment expenses, like company holiday pares or award trips, may be deducble under specic condions. PER DIEM Starng from October 1, 2023, the IRS has new, simplied rates to reimburse employees for lodging, meals, and other small expenses when they travel for work. Via this method, collecon of every receipt is not required. Key Details:
17 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. What You’re Paying For: Amount You Can Give Meals & small expenses for travel in the US $69 per day Meals & small expenses for travel outside the US $74 per day Small expenses (both in and outside the US) $5 per day Travel to expensive places in the US $309 per day Travel to other places in the US $214 per day Meals for travel to expensive places in the US $74 per day Meals for travel to other places in the US $64 per day Also, some places are considered more expensive to travel to than others. These new rates and rules are in eect for any travel expenses paid out on or aer October 1, 2023. MILEAGE The Internal Revenue Service has announced new oponal standard mileage rates for 2023, which are crucial for those calculang deducble costs associated with vehicle use for business, charitable, medical, or moving purposes. Starng January 1, 2023, the standard mileage rates are as follows: • 65.5 cents per mile for business use, reecng an increase of 3 cents from the mid-year rate in 2022. • 22 cents per mile for medical or moving purposes for qualied acve-duty members of the Armed Forces, consistent with the mid-year rate in 2022. • 14 cents per mile for service to charitable organizaons, which remains unchanged from 2022 and is set by statute. Please note that these rates are applicable to all vehicle types, including electric, hybrid-electric, gasoline, and diesel-powered automobiles. Planning Strategies and Consideraons • Opon to Calculate Actual Costs: Taxpayers have the choice to calculate the actual costs of using their vehicle rather than using the standard mileage rates. • First-Year Rule: If opng for the standard mileage rate, it is generally required to choose this method in the rst year the car is available for business use. In subsequent years, you have the opon to switch between the standard mileage rate or actual expenses. • Leased Vehicles: For leased vehicles, if you choose the standard mileage rate, it must be used for the enre lease period, including renewals. • Tax Cuts and Jobs Act Implicaons: Under the Tax Cuts and Jobs Act, miscellaneous itemized deducons for unreimbursed employee travel expenses are not allowed. • Deducon for Moving Expenses: Taxpayers cannot claim a deducon for moving expenses unless they are members of the Armed Forces on acve duty and moving under orders to a permanent change of staon. • 2024 Mileage Rate: As of the wring of this leer, the Internal Revenue Service has not yet released the standard mileage rates for 2024. Historically, the IRS updates and releases the Jump to Table of Contents
18 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. new rates in December for the upcoming year, so we ancipate the 2024 mileage rates will be made available in December of 2023. UNREIMBURSED EMPLOYEE BUSINESS EXPENSES Unreimbursed employee business expenses are those necessary and ordinary costs that an individual incurs in the course of performing their job dues but are not reimbursed by their employer. These can include expenses such as travel, meals, and use of personal property for work-related acvies. Eligibility for Deducon: To be deducble, unreimbursed employee business expenses must meet the following criteria: • Incurred during the tax year; • For the trade or business of being an employee; and • Ordinary and necessary for that trade or business. Limitaons: It is important to note that only unreimbursed business expenses are deducble. If an employee can be reimbursed by their employer but chooses not to seek reimbursement, they cannot deduct the expense. Burden of Proof: Taxpayers typically bear the burden of proof during IRS audits. However, this burden can shi to the IRS if the taxpayer provides credible evidence, meets substanaon requirements, maintains necessary records, and cooperates with the IRS during the audit process. Substanaon: Taxpayers must substanate their deducons with adequate records. Some expenses, such as travel, gis, and those related to listed property, have stricter proof requirements. Planning Strategies and Consideraons • Understand Employer Reimbursement Policies: Be knowledgeable about your employer’s reimbursement policies and acvely seek reimbursement for eligible expenses. • Maintain Records: Keep detailed and organized records of your expenses, as they will be crucial in the event of an audit. QUALIFIED BUSINESS INCOME (QBI) The Qualied Business Income (QBI) deducon under Code Sec. 199A is a signicant aspect of tax planning for pass-through enes, such as sole proprietorships, partnerships, limited liability companies, and S corporaons. This deducon allows these businesses to deduct up to 20% of their business income from a qualied trade or business. However, it is crucial to note that the deducon cannot exceed 20% of the excess of your taxable income over your net capital gain for the tax year. It's important to be aware that this deducon, along with other key provisions of
19 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. the Tax Cuts and Jobs Act of 2017, is currently set to sunset on December 31, 2025. If these provisions are not extended or modied by new legislaon, the rules for pass-through enes and their tax planning strategies could change materially. Key Points: Wage and Investment Limits: • The QBI deducon is subject to specic wage and investment limits, which are the greater of: o 50% of the W-2 wages with respect to the qualied trade or business (W-2 wage limit), or o The sum of 25% of the W-2 wages paid with respect to the qualied trade or business plus 2.5% of the unadjusted basis, immediately aer acquision, of all "qualied property." • Importantly, if your taxable income is below $182,100 in 2023 ($364,200 for married individuals ling jointly), these limits do not apply. Planning Strategies and Consideraons Income Thresholds and Tradional Planning Techniques: Lower Your Income to Benet More: • If you're close to earning $182,100 (or $364,200 if you're married), think about ways you can lower your income. • This could include pung more money into your rerement account, using a Health Savings Account (HSA), or giving to charity. Look at Your Business Structure: • Somemes, rearranging how your business is set up, like changing debt arrangements or the way you lease or sell property between your businesses, can increase your QBI deducon. • But be careful! These changes must be real and praccal, not just a way to get a bigger tax break. The IRS pays close aenon to these kinds of changes. RESEARCH & EXPERIMENTAL EXPENDITURES Tax planning around Research and Experimental (R&E) expenditures is crical to maximize the benets for your business. As per the Internal Revenue Code, these costs must now be capitalized and amorzed over ve years, or 15 years if the research is conducted outside the U.S., Puerto Rico, or any U.S. possession. This is a signicant change from previous years when current deducons were allowed. Here are some important points to note: Soware Development Costs: Jump to Table of Contents
20 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • These are treated as specied R&E expenditures, thus must be capitalized and amorzed. • It's crucial to disnguish between soware development costs and soware acquision costs. The laer can be depreciated over 36 months and is eligible for bonus depreciaon. Planning Strategies and Consideraons • Accurate Tracking of Expenses: With the changes brought by the Tax Cuts and Jobs Act (TCJA), diligently track R&E expenses to separate them from regular business expenses. • Review of Esmated Tax Calculaons: Discuss the tax impact and potenal planning opportunies with us. This includes reviewing esmated tax calculaons to determine addional cash needs to cover federal and state tax liabilies. • Cash Flow Management: Consider opons like reducing other expenses, accelerang collecon of accounts receivable, or exploring borrowing opons if facing cash ow issues. • Internaonal R&E Acvies: Explore relocang overseas research acvies to the U.S. to benet from a shorter ve-year amorzaon period. • Soware Development vs. Acquision: Consider acquiring soware, which can be depreciated over 36 months and is eligible for bonus depreciaon, as opposed to a longer amorzaon period for soware development. • Accounng Method Change: A change in accounng method is required to start capitalizing and amorzing R&E expenses. IRS consent is needed, and a modied Secon 481(a) adjustment may be required if the change was not made in the rst taxable year aer 2021. NET OPERATING LOSS (NOL) A NOL occurs when a business’s deducons exceed its gross income, allowing taxpayers to use the loss to reduce taxable income in another year through a deducon. The NOL deducon consists of carryovers and, in some cases, carrybacks. Regarding the periods for carrybacks and carryforwards: • For losses arising in tax years beginning aer 2020, no carryback is allowed, except for specic farm and property and casualty insurance company losses, which may be carried back two years. • For losses arising in tax years beginning aer 2017, NOLs can be carried forward indenitely, except property and casualty insurance company losses, which have a 20-year limit. For tax years beginning aer 2020, the NOL deducon is subject to an 80%-of-taxable-income limitaon. This means the NOL deducon is calculated by summing the total NOLs from tax years before 2018 carried into the current tax year and the smaller of the total NOLs from tax years aer 2017 carried into the current tax year or 80% of the taxable income minus any NOLs carried from before 2018. It's worth nong that Net Operang Losses incurred before 2018 are not subject to the 80% limitaon, meaning they can be used to oset 100% of taxable income. Planning Strategies and Consideraons
21 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • Enty Type and Loss Ulizaon: o Direct Ulizaon: C Corporaons and individuals operang as sole proprietors (Schedule C) can use NOLs directly to oset their income. o Indirect Ulizaon: S Corporaons, Partnerships, and LLCs (when taxed as partnerships) pass losses to their shareholders or members, who can then use their share of the losses indirectly to oset other income on their personal tax returns, subject to various limitaons. • Timing of Income and Expenses: Consider the ming of income and expenses to maximize the benet of a Net Operang Loss. This is parcularly important if you ancipate higher income in future years. • Ulizing Carrybacks and Carryforwards: Analyze the opons of carryforward and carryback to determine the most benecial way to apply NOLs. Note that for losses arising in tax years beginning aer 2020, carrybacks are generally not allowed, except for specic cases. • Basis Limitaons and At-Risk Rules: For indirect ulizaon of NOLs (S Corporaons, Partnerships, and LLCs), be mindful of basis limitaons and at-risk rules that can aect the deducbility of losses. o Further Explanaon: ▪ Basis: Think of "basis" as your personal investment in your business or how much skin you have in the game. If your business loses money, you can only use those losses to lower your tax bill up to the amount of your investment. If your business loses more money than you put in, you can't use those extra losses unl you put more money into the business or it starts making money. ▪ At-Risk: The "at-risk" rules are like a safety net. They make sure that you can only claim losses up to the amount you could actually lose. This includes the money you've put into the business and any loans you're liable for. If you're not personally liable for paying back business loans (maybe the business itself is responsible for the loan), you can't use that money to count against your losses. BAD DEBTS & WORTHLESS STOCK Managing bad debts and worthless stock is an integral aspect of year-end tax planning for your business. These losses can signicantly impact your tax liability, so it's important to understand how to properly account for them in your tax returns. Bad Debts: Deducble Bad Debts: • Corporaons can deduct all bad debts against ordinary income. • For individuals and other non-corporate taxpayers, business bad debts are also deducble against ordinary income. In essence, these rules make sure you're not claiming losses which exceed what you've actually risked or invested in your business. Jump to Table of Contents
22 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • Nonbusiness bad debts held by individuals and non-corporate taxpayers are deducble as short-term capital losses. Wholly Worthless vs. Partly Worthless Debts: • Both business and nonbusiness debts are deducble when wholly worthless. • However, only business debts are deducble when partly worthless. • The deducble amount for a wholly worthless debt is its adjusted basis for determining loss on a sale or exchange, not its face value. Disnguishing Between Business and Nonbusiness Bad Debts: • It's crucial to dierenate between business and nonbusiness bad debts, as business bad debts result in ordinary losses, while nonbusiness bad debts result in short-term capital losses. • Business bad debts can originate from credit sales, loans to suppliers, clients, employees, and distributors, or payments made as a guarantor. Proof of Worthlessness: • To claim a bad debt deducon, the worthlessness of a debt must be established through idenable events such as the cessaon of the debtor's business, bankruptcy, or legal judgments. Worthless Stock: • If you own stock in a corporaon that becomes completely worthless during the tax year, you may be able to deduct the stock's loss as a capital loss, provided you meet certain criteria. • The loss deducon for worthless stock is treated as though the stock were sold or exchanged on the last day of the tax year. • The loss will be either long-term or short-term, depending on how long you held the stock. Planning Strategies and Consideraons • Keep an Eye on Money Owed to You: Watch your accounts receivable (the money customers owe you) and try to collect overdue payments quickly to avoid having to deal with bad debts. • Document Everything: If you think a debt won't be paid back, make sure you have records and documents to prove it, just in case the IRS asks quesons later. Note: If you write o a bad debt and later receive payment for it, that money is considered income. You'll need to include it on your tax return for the year you receive the payment. • Check Your Investments: Look at your stock investments to see if any have become worthless. If they have, you might be able to deduct the loss to reduce your taxes. • Understand the Rules for Stock Losses: If you've held the worthless stock for a short me, the loss will be considered short-term. If you've held it for a long me, the loss will be long-term. This aects how the loss can be used to oset other gains. • Plan Before Selling Investments: If you're thinking about selling some investments, consider your overall gains and losses to make the best tax decision.
23 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. HOBBY LOSSES Starng a new business venture can be excing and full of possibilies. However, it's also important to be mindful of the tax implicaons, especially if your business consistently operates at a loss. Understanding the Hobby Loss Rules: The IRS may classify your acvity as a hobby rather than a business if your expenses consistently exceed your income. This disncon is crucial for a few reasons: Deducons for Business-Type Expenses: • If your acvity is considered a hobby, your ability to claim deducons is limited. You can sll deduct expenses that are typically deducble regardless of prot, like state and local property taxes. • However, you can only deduct costs like rent and adversing up to the amount you made from the hobby. Any extra expenses won't count for tax deducons. How to Avoid the Hobby Loss Rules: • Show a prot in at least three out of ve consecuve years. • Clearly demonstrate your intenon to make a prot, proving that your venture is not merely a hobby. Proving a Prot-Making Objecve: The IRS and courts will consider several factors when determining your prot-making objecve, such as: • How the acvity is managed and conducted. • Your and your advisers' experse in the relevant area. • The me and eort you devote to the enterprise. • Your expectaon of asset appreciaon. • Your history of income or losses. • The amount and frequency of prots. • Your overall nancial status. • The degree to which the acvity involves personal pleasure or recreaon. Planning Strategies and Consideraons • Documentaon: Keep comprehensive records of your business operaons, including expenses, income, and me spent on the acvity. This documentaon is vital to prove your prot move. • Business Plan: Create a detailed business plan that outlines your strategy for turning a prot. This can serve as valuable evidence of your intent to operate a protable business. • Expert Advice: Seek advice from industry experts or consultants to demonstrate that you are taking steps to make your business protable. Jump to Table of Contents
24 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • Separate Finances: Keep your business and personal nances separate to clearly disnguish your venture as a business and not a hobby. • Stay Informed: Stay up-to-date with the current tax laws and regulaons related to hobby losses to ensure compliance and avoid penales. CHOICE OF ENTITY Navigang the complexies of business tax planning, a crucial aspect to consider is the selecon of the appropriate enty for your business. This decision will signicantly inuence your exposure to liabilies and your tax obligaons, underlining the importance of two predominant factors: the degree of liability protecon and the tax treatment each enty receives under federal and state laws. Liability Protecon: • Liability protecon safeguards an owner’s personal assets from liabilies associated with business operaons. This protecon varies by state law, so seeking legal counsel for advice on the degree of protecon oered by dierent enty types is recommended. • Various factors may necessitate minimizing exposure to business liabilies, such as incurring debts, having employees whose acons can create liabilies, engaging in hazardous operaons, potenal product liabilies, and exposure to environmental liabilies. • Corporaons, both C and S, oer substanal liability protecon under state law, with dierences in tax treatment. Limited Liability Companies (LLCs) provide similar protecon without the need to incorporate. Sole proprietorships and general partnerships oer minimal to no liability protecon. o Note: Be sure to consult with an aorney regarding these structures. Tax Treatment: • The nal choice oen boils down to tax treatment under federal and state rules. C Corporaons are subject to potenal double taxaon, while S Corporaons have pass-through taxaon but come with eligibility criteria. Mul-member LLCs are treated as partnerships for federal tax purposes, and single-member LLCs can elect to be taxed as corporaons. General partnerships and sole proprietorships have pass-through taxaon at the partner or owner level, respecvely. • State income tax consideraons are crucial, as unique rules govern dierent business enes. In some cases, state and local tax rules may be the deciding factor when federal tax rules don’t favor one form over another. C Corporaons: • Provides robust liability protecon, with clear case laws to support. • Subject to double taxaon: corporate income is taxed, and shareholders are taxed on distribuons. • Possible migaon of double taxaon for qualied small business stock. • Specic tax advantages unique to C corporaon status, such as a 21% tax rate.
25 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. S Corporaons: • Oers similar liability protecon as C Corporaons. • Income is generally taxed at the shareholder level, avoiding double taxaon. • Certain situaons might result in corporate-level taxaon. • Must comply with specic eligibility criteria to aain S corporaon status. • Potenal self-employment tax savings. Limited Liability Companies (LLCs): • Provides corporate-style liability protecon without the intricacies of incorporaon. • Owners are referred to as "members”, and income is generally taxed at the member level. • Both mul-member LLCs and single-member LLCs (SMLLCs) are permissible, with the laer specically providing liability protecon for single-owner businesses. • Federal tax treatment varies; may elect to be taxed as a corporaon. • Self-employment taxes apply for acve members in most industries, rental acvity being an excepon. Sole Proprietorships: • Oers no liability protecon, leaving the owner's personal assets at risk. • Simpler tax ling, with the owner being taxed on the business's income. • Net business income is subject to self-employment tax. General Partnerships: • Lacks liability-liming features, exposing personal assets of the general partner. Limited Partnerships and Limited Liability Partnerships (LLPs): • Varying degrees of liability protecon depending on state laws. • Typically, limited partners have reduced liability compared to general partners. Planning Strategies and Consideraons • Liability Protecon: Opt for adequate insurance, competent employees, well-maintained equipment, and legal advisers as supplementary liability migaon measures. • Tax Treatment: Conduct a comprehensive analysis to ascertain if your business has nexus in a state and is consequently subject to state income tax. For businesses with mul-state operaons, understand the nexus laws in each state and consider voluntary disclosure of acvies to minimize tax, penalty, and interest exposure. EMPLOYING FAMILY MEMBERS Leveraging family employment can be an eecve strategy for tax planning, but it's crucial to understand the rules surrounding this approach. Understanding Family Employment Rules: Jump to Table of Contents
26 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. Family businesses oen employ parents, children, and even grandchildren. The IRS generally treats such employment like any other, meaning family members' wages are subject to federal income tax withholding (FITW), social security and Medicare (FICA) taxes, and federal unemployment (FUTA) tax. However, certain exempons may apply for FICA or FUTA taxes, even though FITW sll applies. Note: The denion of a family member, for these rules, encompasses spouses, children (which includes adopted, foster, and stepchildren), and ancestors. Tax Implicaons Based on Business Type: Sole Proprietorship: If your family business operates as a sole proprietorship, there are instances where a family member's wages can be exempt from certain taxes: • Children under 18 employed by a parent are FICA-exempt. For FUTA, the age limit is under 21. • A spouse's employment is exempt from FUTA but is subject to FITW and FICA. • A parent employed by their child is FICA-exempt. However, both FITW and FICA apply in all other cases. Corporaons (C or S Corporaon): If your business operates as a C or S corporaon, all family members' wages are subject to FITW, FICA, and FUTA without any exempons, regardless of age or relaonship. Partnership: If your business is a partnership, every family member's wages are subject to FICA and FUTA unless the son or daughter exempon applies and only the parents are partners. BUYING/SELLING A BUSINESS When contemplang the sale or acquision of a business, it is crucial to have a comprehensive understanding of the dierent structures available, along with the corresponding tax, legal, and business consequences they entail. The chosen structure should align with various consideraons, such as the assumpon of liabilies, the post-transacon existence of the enty, tax implicaons, and the valuaon of assets. Below is a breakdown of some advantages and disadvantages of acquiring an exisng business: Advantages: • Established products/services • Exisng goodwill • In-place management team • Available collateral for funding • Reduced start-up me and costs Disadvantages:
27 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. • Challenge in nding the right business • Potenal for negave goodwill • Risk of acquiring underulized, poorly maintained, or outdated assets • Inhering exisng problems • Assumpon of the current business culture From the buyer's perspecve, key concerns include ensuring the business can generate adequate cash ow and service any debt taken on to nance the purchase. This highlights the importance of minimizing tax liabilies and safeguarding against potenal liabilies. Opng for an asset purchase is oen more favorable than a stock purchase, as it limits liability exposure and allows for a stepped-up basis in the assets, which can then be depreciated and amorzed over me. Conversely, the seller likely will priorize minimizing taxes on the sale, safeguarding against post-sale liabilies, and securing payment, especially in scenarios where the payment is not made as a lump sum. The structure of the transacon, whether it be a stock sale or an asset sale, will vary depending on the type of business enty involved (C corporaon, S corporaon, or partnership), each carrying its unique set of tax implicaons. SMALL BUSINESS TAXPAYER The Small Business Taxpayer excepon under Code Sec. 448 is a crucial aspect for businesses considering the cash method of accounng, as it can provide signicant tax benets. Eligibility: C corporaons, partnerships with a C corporaon as a partner, and S corporaons are eligible for the Small Business Taxpayer excepon, provided they pass the gross receipts test. The gross receipts test requires a business to have average annual gross receipts of $25 million or less for the three-tax-year period ending with the preceding tax year, aer adjusng for inaon. Small Business Taxpayer Excepon: This excepon permits eligible businesses to use the cash method of accounng, which is oen benecial because it allows income to be recognized when received and deducons to be taken when expenses are paid, potenally resulng in tax savings. Inaon Adjustment and Relevance of Past Years: The $25 million threshold for the gross receipts test is subject to annual inaon adjustments. For tax years beginning in 2023, this threshold has been adjusted to $29 million. For tax years beginning in 2022, the threshold was $27 million. In the case of tax years beginning in 2021, 2020, or 2019, the threshold was $26 million. These thresholds are calculated by mulplying $25 million by the cost-of-living adjustment (COLA) and rounding the result to the nearest mulple of $1 million. Past years are relevant because they set the precedent for the adjusted thresholds, demonstrang the upward trend due to inaon and helping businesses project their eligibility in the future. Jump to Table of Contents
28 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. Important Consideraons: • S corporaons can ulize the cash method of accounng without regard to their gross receipts, as they are exempt from the restricons of Code Sec. 448. • This excepon is not applicable to tax shelters. • Other restricons on the use of the cash method may apply beyond the Code Sec. 448 prohibion. Conclusion: Reviewing your business's average annual gross receipts for the past three tax years is essenal in determining eligibility for the Small Business Taxpayer excepon. By taking advantage of this opportunity, your business can potenally realize considerable tax benets. RETIREMENT With the recent passage of the SECURE Act 2.0, small business owners need to be aware of the signicant changes that aect rerement planning. The Act introduces expanded nancial incenves and exibility in rerement plans, providing more opons for small businesses to help their employees save for the future. 401(k) Plans: • Contribuon Limits for 2023: o The contribuon limit for employees is $22,500, with an addional catch-up contribuon of $7,500 for those aged 50 and over. o For employer and employee combined, the limit is $66,000 ($73,500 including catch-up contribuons). • Contribuon Limits for 2024: o The contribuon limit for employees is $23,000, with an addional catch-up contribuon of $7,500 for those aged 50 and over. o For employer and employee combined, the limit is $69,000 ($76,500 including catch-up contribuons). • Consideraons and Compliance with SECURE Act 2.0: o For contribuons made aer December 29, 2022, a 401(k) plan may allow a parcipant to designate some or all matching and nonelecve contribuons as designated Roth contribuons. This applies to the extent the employee is fully vested in the contribuons. Any such matching contribuons will be included in the employee’s wage income for the year. o For plan years beginning aer December 31, 2023, the SECURE 2.0 Act requires catch-up contribuons for high-wage taxpayers to be made to a Roth 401(k). This rule applies to individuals who, for the preceding calendar year, had wages in excess of $145,000 (2023 wages for the 2024 plan year). However, the IRS announced a two-year transion period and will treat catch-up contribuons in 2024 and 2025 as sasfying the provisions of the law, even if the contribuons are not designated Roth contribuons.
29 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. o Stay informed about the new rules for automac enrollment and ensure your plan complies with these requirements. o Review and potenally adjust your employer matching contribuons in light of the new incenves and tax credits. o Ensure that your part-me employees are included in your plan as required by the new law. SIMPLE IRAs: • Contribuon Limits for 2023: o The contribuon limit for employees is $15,500, with an addional $3,500 catch-up contribuon for those aged 50 and over. o Employers must either match employee contribuons up to 3% of their compensaon or make non-elecve contribuons of 2% of the employee's compensaon. • Consideraons and Compliance with SECURE Act 2.0: o Beginning in 2023, the SECURE 2.0 Act allows employers to oer the opon to SIMPLE IRA contribuons (from both the employee and employer) as Roth contribuons. o Stay informed about the new tax credits available for small businesses that oer SIMPLE IRAs. o Review your employer contribuons in light of the new rules and incenves. o Ensure that your plan complies with the new rules allowing part-me employees to parcipate. SEP IRAs: • Contribuon Limits for 2023: o The contribuon limit for SEP IRAs is the lesser of 25% of compensaon or $66,000. • Consideraons and Compliance with SECURE Act 2.0: o Beginning in 2023, the SECURE 2.0 Act allows employers to oer the opon to treat SEP IRA contribuons (from both the employee and employer) as Roth contribuons. o Ensure that your SEP IRA complies with the new rules allowing part-me employees to parcipate. o Take advantage of the new tax credits for small businesses that oer SEP IRAs. o Review your employer contribuons and ensure they align with the new incenves and tax credits. It is recommended that you consult with your nancial advisor, plan administrator, and DMJPS to fully understand how the SECURE Act 2.0 aects your specic situaon and to ensure compliance. Jump to Table of Contents
30 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. CLOSING COMMENTS In closing, as we draw near the end of 2023, DMJPS wishes to express our deepest gratude for the opportunity to assist you with your tax-related needs. Our team, located from the North Carolina mountains to the coast, is equipped to handle tax reporng maers across the naon and beyond, thanks to our network of associate rms through our CPAmerica associaon. We pride ourselves on bringing you the knowledge and experience of larger rms while ensuring that you receive the customized service and familiar faces you know and trust. Please note that the insights shared in this leer are intended to provide a broad overview and are not to be construed as specic advice tailored to your unique situaon. Every individual's nancial and tax circumstances are disnct, and we highly recommend consulng with us at DMJPS for a comprehensive analysis of your tax situaon before making any decisions. We thank you for placing your trust in our services. Our priority is to ensure that you are well-informed and adequately prepared to make sound nancial decisions that align with your best interests. We encourage you to stay connected with us to learn more about our oerings and relevant news by following us at: You may also receive monthly email updates and relevant tax news by joining our mailing list. Please email connect@dmjps.com to be added to our distribuon list. Here's to a prosperous and fruiul year ahead. We are here to support you and encourage you to reach out should you have any quesons or require further assistance. Warm regards, DMJPS PLLC
31 DMJPS PLLC I 888.873.2545 I dmjps.com I be greater Member of CPAmerica, Inc. GREENSBORO | ASHEVILLE | BOONE | DURHAM | MARION | SANFORD | WILMINGTON 888.873.2545 | connect@dmjps.com | dmjps.com