Business Tax

We deal with agreements on a daily basis — from the terms and conditions on a website to municipal regulations that guide public actions. These agreements are often forgotten, if not entirely ignored, which may only become apparent when an issue arises. Similarly, partnership agreements may be drafted and then ignored. Partnership agreements guide many aspects of the partnership, including important tax consequences. Unless you have a legal background, you may have retained an attorney’s help when your partnership drafted its partnership agreement. What you may not have considered at the time was having a CPA review the agreement.

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This blog post covers 2016 year-end update for businesses. With the start of 2017 quickly approaching, a slew of changes is upon us. The new year often brings tax changes, and with a new president in 2017 there is already talk of overhaul of the tax code. While we will briefly discuss some speculative changes for 2017, most of the changes discussed below have already been approved by Congress and will be in effect for 2017.

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If you tell people “I work at a start-up,” images of open-working spaces with ping pong tables and casual working atmospheres probably pop into their heads. In reality, start-up companies face many obstacles, and the founders and officers have many tax, operational, and legal logistics to handle. No single person is fully knowledgeable in every field, so how do you ensure that you properly handle all of the details of developing your company?

The key is to assemble a team of experts who are well-versed in the areas that are essential to your business’ success. One of the most important players is a good accountant: they can provide information on how to structure and register your business, as well as important financial and tax considerations. Freyman CPA assists start-ups at every step: from determining what entity structure most appropriately meets your needs and long-term goals, to offering tailored solutions once your business is up and running.

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Have you had any of these thoughts about your business’ sales tax or use tax obligations:

“I’m a service provider; I don’t need to collect and remit sales tax.”

“We were only in the state at a trade show for one week – we don’t have physical presence in the state, so we don’t have to collect sales tax.”

“I bought equipment for my company in another state, since they don’t have sales tax. I saved 6% by doing this!”

Sales and use taxes are a murky area with few clear-cut rules. As a result, you or your business may not be in compliance with states’ sales and use tax regulations.

Sales tax is a tax that is levied on the sale of goods or services. Unfortunately, states have differing definitions of what is included as a taxable good or service. A general rule of thumb is that the sale of tangible personal property (that is, physical assets that are movable) is taxable. The provision of services is generally not subject to sales tax unless a state has a regulation or law that specifically subjects the service to sales tax.

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As a reminder during this tax season as well as throughout the year, it is important to keep in mind that the IRS will not contact you by phone or e-mail regarding tax liens or outstanding tax liabilities.  The IRS has strict protocols when contacting taxpayers regarding tax deficiencies, with letters of correspondence being their official method of first contact.

How to identify a tax scam:

• Demands immediate payment; extreme urgency to receive payments
• Tries to make you pay taxes without giving you the option to research the debt or file an appeal for the amount you allegedly owe
• Asks for payment using a credit or debit card especially over the phone
• Threatens to arrest you for not paying

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With tax season upon us, we have compiled a list of hot topics the IRS has been known to closely examine with the filing of a Schedule C – Profit or Loss from Business.

The IRS’s primary concerns revolves around the reliability/duplication of information provided on the Schedule C as well as the methods used for recordkeeping and presentation in the following areas:

Gross Receipts

An increase in income within the business should be considered taxable.

If the payment of income would not have been received without the existence of the business, the income should be considered business income.  This includes IOUs, cash, etc. So remember, if the payment crosses the door of your business, that payment of income should be considered part of your business income.

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Question
Our company owns a farm. According to IRS publication 225 most farmers use the cash basis of accounting since it is easier, but some farmers are required to use the accrual basis of accounting. Should our farm be on an accrual or cash basis? What should we use for our farm if we have an unincorporated business? Also, is the inventory method required?

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Question
Our companies employ 22 full-time employees. Do we have to issue the new ACA Forms 1094 and 1095 to employees and the IRS under the affordable care act (ACA)? I believe we are exempt, but I wanted to confirm if our company needs to issue these ACA forms.

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While the cost of health insurance continues to rise and employers have additional responsibilities in order to comply with the Affordable Care Act, there is still a tax benefit specifically for companies providing health insurance coverage. Specifically, employers may be eligible for the health insurance tax credit in 2015 for 50% of the cost of premiums contributed by a small business.

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In July 2015, the Senate Finance Committee voted 23 to 3 to extend bonus depreciation and the enhanced section 179 deduction through 2016. The full Senate has not indicated if or when it will act on this legislation and the House is not scheduled to take up extenders until the fall. Most practitioners expect it to be reinstated, but time will tell. How should you prepare?

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