Understanding how to deduct transportation costs could significantly reduce the tax burden on your small business. You and your employees likely incur various local transportation expenses each year, and they have tax implications.
Let’s start by defining “local transportation.” It refers to travel when you aren’t away from your tax home long enough to require sleep or rest. Your tax home is the city or general area in which your main place of business is located. Different rules apply if you’re away from your tax home for significantly more than an ordinary workday and you need sleep or rest to do your work.
Your work location
The most important feature of the local transportation rules is that your commuting costs aren’t deductible. In other words, the fare you pay or the miles you drive to get to work and home again are personal and not for business purposes. Therefore, no deduction is available. This is the case even if you work during the commute (for example, via a cell phone or laptop, performing business-related tasks on the subway).
An exception applies for commuting to a temporary work location outside of the metropolitan area where you live and normally work. “Temporary,” for this purpose, means a location where your work is realistically expected to last (and does, in fact, last) for no more than a year.
Work location to other sites
On the other hand, once you get to your work location, the cost of any local trips you take for business purposes is a deductible business expense. So, for example, the cost of travel from your office to visit a customer or pick up supplies is deductible. Similarly, if you have two business locations, the cost of traveling between them is deductible.
Recordkeeping
If your deductible trip is by taxi or public transportation, save a receipt or note the expense in a logbook. Record the date, amount spent, destination and business purpose. If you use your own car, note the miles driven instead of the amount spent. Also, note any tolls paid or parking fees, and keep receipts.
You must allocate your automobile expenses between business and personal use based on miles driven during the year. Proper recordkeeping is crucial in the event the IRS challenges you.
Your deduction can be computed using:
- The standard mileage rate (for 2024, 67 cents per business mile) plus tolls and parking, or
- Actual expenses (including depreciation, subject to limitations) for the portion of car use allocable to the business. For this method, you’ll need to keep track of all costs for gas, repairs and maintenance, insurance, interest on a car loan, and any other car-related costs.
Employees vs. self-employed
From 2018–2025, under the Tax Cuts and Jobs Act, employees can’t deduct unreimbursed local transportation costs. That’s because “miscellaneous itemized deductions” — including employee business expenses — are suspended (not allowed) for these years. (Self-employed taxpayers can deduct the expenses discussed in this article.) But beginning in 2026, business expenses (including unreimbursed employee auto expenses) of employees are scheduled to be deductible again, as long as the employee’s total miscellaneous itemized deductions exceed 2% of adjusted gross income. However, with Republican control in Washington, this unfavorable provision may be extended by Congress, and miscellaneous itemized deductions won’t be allowed.
Contact us with any questions or to discuss these issues further.
© 2024
Goodwill impairment is often a negative indicator. It potentially signals that a business combination failed to meet management’s expectations due to internal or external factors. In recent years, uncertain markets, lingering inflation and high interest rates have caused goodwill impairments to spike.
Evaluating impairment trends
In 2022, 400 U.S. public companies reported $136.2 billion of pretax goodwill impairments. In 2023, 353 U.S. public companies reported an estimated $82.9 billion of pretax goodwill impairments. While the estimated impairment losses fell by 39% from 2022 to 2023, the total is well above the historical average dating back to 2006.
The trend appears to be ongoing. In the first quarter of 2024, Walgreens reported a $12.4 billion pretax impairment loss related in part to its acquisition of VillageMD, a health care company. As market volatility continues, other companies may follow suit in fiscal year 2024.
This historical data excludes write-downs reported by private companies whose results aren’t publicly available. Plus, there’s often a lag in the effects of financial reporting on private businesses compared to their public counterparts.
Accounting for goodwill
Goodwill is reported on a company’s financial statements if it’s acquired through a merger or acquisition. The purchase price of a business is first allocated to the following items based on their fair values:
- Tangible assets,
- Identifiable intangible assets, and
- Liabilities obtained in the purchase.
What’s left over is reported as acquired goodwill (an indefinite-lived intangible asset). Goodwill must be monitored for impairment in accounting periods after the acquisition date. That happens when the fair value of goodwill falls below its cost. Impairment losses reduce the carrying value of goodwill on the balance sheet. They also lower profits reported on the income statement. Tracking the value of goodwill helps management and external stakeholders evaluate a business combination over the long run.
Estimating impairment losses
Under U.S. Generally Accepted Accounting Principles (GAAP), public companies that report goodwill on their balance sheets can’t amortize it. Instead, they must test goodwill at least annually for impairment. When impairment occurs, the company must write down the reported value of goodwill. Testing should also happen for all entities whenever a “triggering event” occurs that could lower the value of goodwill.
Private companies can elect certain practical expedients to simplify the subsequent accounting of goodwill and other intangibles. Specifically, Accounting Standards Update No. 2014-02, Intangibles — Goodwill and Other (Topic 350): Accounting for Goodwill, allows private companies that follow GAAP the option to amortize acquired goodwill over a useful life of up to 10 years. The test that private businesses must perform to determine goodwill impairment was also simplified in 2014. Instead of automatically testing every year, private companies must test for impairment only when there’s a triggering event.
However, not all private companies choose to adopt these expedients. For instance, large private companies that are considering a public offering may follow the rules for public companies. The decision depends on specific business circumstances.
Close-up on triggering events
All companies — whether publicly traded or closely held — must evaluate impairment when a triggering event happens. The source of these events may be internal or external. Examples include:
- An economic downturn,
- Unanticipated competition,
- A major cyberattack or lawsuit,
- Disruptive industry regulations,
- The loss of a key customer,
- Leadership changes, and
- Negative operating cash flows.
Goodwill impairment may also occur if, after an acquisition, an economic downturn causes the parent company to lose value.
Goodwill gone bad
Public companies must report financial results quarterly, so they’re continually monitoring for impairment. However, private businesses often postpone evaluating the effects of triggering events until the end of the accounting period. If your company reports goodwill on its balance sheet, contact us to evaluate your company’s current situation and ensure transparent reporting.
Additionally, if you’re contemplating a merger or acquisition, it’s important to determine whether the price is fair based on the target’s financial health, market position and potential for future growth. We can help you conduct comprehensive due diligence to reduce the risk of overpaying.
© 2024
Annually, the IRS makes inflation-based cost-of-living adjustments (COLAs) to dollar limits applicable to many employer-sponsored fringe benefits for the upcoming year. Sure enough, in November, the tax agency published its COLAs in IRS Notice 2024-80. Here are some key figures to be aware of heading into 2025:
Qualified Small Employer Health Reimbursement Arrangements (QSEHRAs). The maximum payments and reimbursements under a QSEHRA will be $6,350 for self-only coverage and $12,800 for family coverage (up from $6,150 and $12,450, respectively, in 2024).
Health Flexible Spending Accounts (FSAs). For 2025, the dollar limit on employee salary reduction contributions to health FSAs will be $3,300 (up from $3,200 in 2024). In cases where a cafeteria plan allows carryovers of health FSA balances, the maximum amount from 2025 that can be carried over to the 2026 plan year will be $660 (up from the $640 that can be carried over to the 2025 plan year).
Pension-Linked Emergency Savings Accounts (PLESAs). The Secure 2.0 Act of 2022 authorized the addition of PLESAs to eligible employer-sponsored defined contribution plans, such as 401(k)s. These accounts allow participants to save for financial emergencies, so they don’t have to draw from their retirement plans following a crisis. For 2025, the contribution limit to PLESAs will remain unchanged at $2,500.
Benefits under a dependent care assistance program (DCAP). The DCAP limit isn’t adjusted for inflation so, for 2025, it will remain at $5,000 for single taxpayers and married couples filing jointly, or $2,500 for married people filing separately. These dollar amounts will apply in future years, too, unless they’re changed by Congress.
That said, some adjustments to certain general tax limits are relevant to calculating one’s federal income tax savings under a DCAP. These include the 2025 tax rate tables, earned income credit amounts and the standard deduction.
Adoption assistance exclusion and adoption credit. Under an employer-provided adoption assistance program, the maximum amount that may be excluded from a participant’s gross income for adopting a child will be $17,280 (up from $16,810 in 2024). The maximum adoption credit a participant may claim will also be $17,280.
The adoption exclusion and credit are subject to an income-based phaseout. The phaseout begins to kick in when a participant’s modified adjusted gross income exceeds $259,190 (up from $252,150 in 2024). The exclusion and credit are entirely phased out for individuals with modified adjusted gross incomes of $299,190 or more (up from $292,150 in 2024).
Qualified transportation fringe benefits. The monthly limit on the amount that may be excluded from an employee’s income for qualified parking benefits will be $325 (up from $315 in 2024). The combined monthly limit for transit passes and vanpooling expenses will also be $325.
Employers have two primary jobs related to these and other COLAs: 1) Be aware of how they’ll impact your fringe benefits, and 2) Communicate the changes to your employees. The latter point is particularly important if you’re revising whether and how you’ll offer certain fringe benefits in 2025. We can help you identify and evaluate all the COLAs affecting your organization’s benefits menu.
© 2024
When a person considers an “estate plan,” he or she typically thinks of a will. And there’s a good reason: A well-crafted, up-to-date will is the cornerstone of an estate plan. Importantly, a will can help ease the burdens on your family during a difficult time. Let’s take a closer look at what to include in a will.
Start with the basics
Typically, a will begins with an introductory clause identifying yourself and where you reside (city, state, county, etc.). It should also state that this is your official will and replaces any previous wills.
After the introductory clause, a will generally explains how your debts are to be paid. The provisions for repaying debt typically reflect applicable state laws.
You may also use a will to name a guardian for minor children. To be on the safe side, name a backup in case your initial choice is unable or unwilling to serve as guardian or predeceases you.
Make bequests
One of the major sections of your will — and the one that usually requires the most introspection — divides up your remaining assets. Outside your residuary estate, you’ll likely want to make specific bequests of tangible personal property to designated beneficiaries. For example, you might leave a family heirloom to a favorite niece or nephew.
When making bequests, be as specific as possible. Don’t simply refer to jewelry or other items without describing them in detail. This can avoid potential conflicts after your death.
If you’re using a trust to transfer property, identify the property that remains outside the trust, such as furniture and electronic devices. Typically, these items won’t be suitable for inclusion in a trust.
Appoint an executor
Name your executor — usually a relative or professional — who’s responsible for administering your will. Of course, this should be a reputable person whom you trust.
Also, include a successor executor if the first choice can’t perform these duties. If you’re inclined, you may use a professional as the primary executor or as a backup.
Follow federal and state laws
Be sure to meet all the legal obligations for a valid will in the applicable state and keep it current. Sign the will, putting your initials on each page, with your signature attested to by witnesses. Include the addresses of the witnesses in case they ever need to be located. Don’t use beneficiaries as witnesses. This could lead to potential conflicts of interest.
Keep in mind that a valid will in one state is valid in others. So if you move, you won’t necessarily need a new will. However, there may be other reasons to update it at that time. Contact us with any questions regarding your will.
© 2024
Devising and executing the right succession plan is challenging for most business owners. In worst-case scenarios, succession planning is left to chance until the last minute. Chaos, or at least much confusion and uncertainty, often follows.
The most foolproof way to make succession planning easier is to give yourself plenty of time to develop a plan that suits the intricacies of your situation and then gradually implement it. One vehicle that can help “slow your roll” into retirement or whatever your next stage of life may be is an employee stock ownership plan (ESOP).
Little by little
An ESOP is a type of qualified retirement plan that invests solely or mainly in your company’s stock. Because it’s qualified, an ESOP comes with tax advantages as long as you follow the federally enforced rules. These include requirements related to minimum coverage and contribution limits.
Generally, the company sets up an ESOP trust and funds the plan by contributing shares or cash to buy existing shares. Distributions to eligible participants are made in stock or cash. For closely held companies, employees who receive stock have the right to sell it back to the company — exercising “put options” or an “option to sell” — at fair market value during certain time windows.
Although an ESOP involves transferring ownership to employees, it’s different from a management or employee buyout. Unlike a buyout, an ESOP allows owners to cash out and transfer control little by little. During the transfer period, owners’ shares are held in the ESOP trust and voting rights on most issues other than mergers, dissolutions and other major transactions are exercised by the trustees, who may be officers or other company insiders.
Appraisals required
One big difference between ESOPs and other qualified retirement plans, such as 401(k)s, is mandated valuations. The Employee Retirement Income Security Act requires trustees to obtain appraisals by independent valuation professionals to support ESOP transactions. Specifically, an appraisal is needed when the ESOP initially acquires shares from the company’s owners and every year thereafter that the business contributes to the plan.
The fair market value of the sponsoring company’s stock is important because the U.S. Department of Labor specifically prohibits ESOPs from paying more than “adequate consideration” when investing in employer securities. In addition, because employees who receive ESOP shares typically have the right to sell them back to the company at fair market value, the ESOP provides a limited market for its shares.
Drawbacks to consider
An ESOP can play a helpful role in a well-designed succession plan with an appropriately long timeline. However, there are potential drawbacks to consider. You’ll incur costs and considerable responsibilities related to plan administration and compliance. Costs are also associated with annual stock valuations and the need to repurchase stock from employees who exercise put options.
Another potential disadvantage is that ESOPs are available only to corporations of either the C or S variety. Limited liability companies, partnerships and sole proprietorships must convert to one of these two entity types to establish an ESOP. Doing so will raise a variety of tax and financial issues.
In addition, it’s important to explore the potential negative impact of ESOP debt and other expenses on your financial statements and ability to qualify for loans.
Not a no-brainer
ESOPs have become fairly popular among small to midsize businesses. However, the decision to create, launch and administer one is far from a no-brainer. You’ll need to do a deep dive into all the details involved, discuss the concept with your leadership team and get professional advice. Contact us for help evaluating whether an ESOP would be a good fit for your business and succession plan.
© 2024
If your business is particularly busy during the holidays, you may temporarily outsource some of its work to third-party contractors. Hiring contractors can be a cost-effective way to manage seasonal — or even ordinary — customer demands without hiring new employees or making other long-term investments. However, third parties can introduce some financial, legal and reputational risks. So it’s important to recognize potential threats and take steps to head them off before engaging contractors.
2 scenarios
Consider the following example: A company employs an overseas trucking company to transport goods from a port to a customer’s warehouse. The driver, unfortunately, isn’t very honest and he pays a kickback to customs personnel to release the shipments quickly. This action subjects the company that hired the contractor to bribery and corruption charges locally — and in the United States.
Here’s another scenario: A remote contract worker hired to perform data-entry tasks lacks a robust cybersecurity program on her home network. Her computer is hacked, cybercriminals find their way into the company’s network and they steal confidential employee and customer information.
Neither of these scenarios is far-fetched — foreign bribes and inadequate cybersecurity put companies at risk every day. Due diligence is a cornerstone of reducing such risk.
Containing threats
Before hiring a third-party contractor, be sure to identify all applicable laws and regulations. Your company’s operating footprint will determine which ones govern third parties. Anti-bribery and corruption laws often cover third parties and hold companies that engage them liable for their actions. It’s especially important to understand the laws in foreign countries where your business has a presence.
Mitigating risk requires a detailed understanding of third-party contractors. So collect all relevant information, such as incorporation and registration documents, explanations of ownership structure, insurance coverage proof and cybersecurity reports. Also classify third parties based on their inherent risk. Risk usually corresponds to the scope of services a third party provides. In general, the more access a third party has to your company’s IT environment, the greater the threat.
Increase due diligence efforts for third parties with higher risk profiles. For example, scrutinize a cloud computing provider or physical security system service more rigorously than a landscaping company. Some companies outsource their due diligence investigations. Such professional services range from researching publicly available information to performing onsite inspections of potential business partners.
But regardless of the risk level third-party vendors represent, you should review them at least once a year. After all, software, processes, personnel and even a company’s ownership can change over time. For the riskiest contractors, an executive in your organization with authority to approve or reject contracts should conduct the review.
Rigorous defense
Contractor risk is only one of many threats companies routinely encounter. Contact us to review your internal controls and risk-management efforts and to help ensure they’re providing you with a rigorous defense.
© 2024
As a small business owner, managing health care costs for yourself and your employees can be challenging. One effective tool to consider adding is a Health Savings Account (HSA). HSAs offer a range of benefits that can help you save on health care expenses while providing valuable tax advantages. You may already have an HSA. It’s a good time to review how these accounts work because the IRS has announced the relevant inflation-adjusted amounts for 2025.
HSA basics
For eligible individuals, HSAs offer a tax-advantaged way to set aside funds (or have their employers do so) to meet future medical needs. Employees can’t be enrolled in Medicare or claimed on someone else’s tax return.
Here are the key tax benefits:
- Contributions that participants make to an HSA are deductible, within limits.
- Contributions that employers make aren’t taxed to participants.
- Earnings on the funds within an HSA aren’t taxed so the money can accumulate tax-free year after year.
- HSA distributions to cover qualified medical expenses aren’t taxed.
- Employers don’t have to pay payroll taxes on HSA contributions made by employees through payroll deductions.
Key 2024 and 2025 amounts
To be eligible for an HSA, an individual must be covered by a “high-deductible health plan.” For 2024, a high-deductible health plan has an annual deductible of at least $1,600 for self-only coverage or at least $3,200 for family coverage. For 2025, these amounts are $1,650 and $3,300, respectively.
For self-only coverage, the 2024 limit on deductible contributions is $4,150. For family coverage, the 2024 limit on deductible contributions is $8,300. For 2025, these amounts are increasing to $4,300 and $8,550, respectively. Additionally, for 2024, annual out-of-pocket expenses for covered benefits can’t exceed $8,050 for self-only coverage or $16,100 for family coverage. For 2025, these amounts are increasing to $8,300 and $16,600.
An individual (and the individual’s covered spouse, as well) who has reached age 55 before the close of the tax year (and is an eligible HSA contributor) may make additional “catch-up” contributions for 2024 and 2025 of up to $1,000.
Making contributions for your employees
If an employer contributes to the HSA of an eligible individual, the employer’s contribution is treated as employer-provided coverage for medical expenses under an accident or health plan. It is excludable from an employee’s gross income up to the deduction limitation. There’s no “use-it-or-lose-it” provision, so funds can build for years. An employer that decides to make contributions on its employees’ behalf must generally make similar contributions to the HSAs of all comparable participating employees for that calendar year. If the employer doesn’t make similar contributions, the employer is subject to a 35% tax on the aggregate amount contributed by the employer to HSAs for that period.
Using funds to pay medical expenses
Your employees can take HSA distributions to pay for qualified medical expenses. This generally means expenses that would qualify for the medical expense itemized deduction. They include costs for doctors’ visits, prescriptions, chiropractic care and premiums for long-term care insurance.
The withdrawal is taxable if funds are withdrawn from the HSA for any other reason. Additionally, an extra 20% tax will apply to the withdrawal unless it’s made after age 65 or in the case of death or disability.
As you can see, HSAs offer a flexible option for providing health care coverage, but the rules are somewhat complex. Contact us with questions or if you’d like to discuss offering this benefit to your employees.
© 2024
Under provisions of the Inflation Reduction Act (IRA), entities traditionally not able to utilize federal income tax credits now have a path to receiving Investment Tax Credit (ITC) benefits similar to their taxpaying counterparts.
Overview of the Tax Credit
Section 48 of the Internal Revenue Code (IRC) provides an investment tax credit for a percentage of the basis of energy property a taxpayer places in service during a tax year. The percentage is generally 6%, increased to 30% if prevailing wage and apprenticeship requirements are met. The percentage may be increased by bonuses related to domestic content, location in an energy community, and location in a low-income community.
Property qualifies as “energy property” if it is of a certain type; if the taxpayer completes the property’s construction, reconstruction, or erection or acquires it as the original user; and if it complies with performance and quality standards in effect at the time of acquisition that have been issued by Treasury after consulting with the Department of Energy. Depreciation or amortization of the energy property is allowable.
Types of property qualifying as energy property include the following:
- solar energy equipment used to generate electricity, heat or cool (or provide hot water for use in) a structure, provide solar process heat, or (for property that begins construction before 2025) provide lighting using fiber-optic distributed sunlight and electrochromic glass used to heat or cool
- equipment that produces, distributes, or uses energy derived from a geothermal deposit
- qualified fuel cell property
- microturbine property
- combined heat and power system property
- qualified small wind energy property
- equipment using the ground or groundwater as a thermal energy source
- waste energy recovery property
- energy storage technology
- qualified biogas property
- microgrid controllers
Direct Pay Incentives
Tax-exempt entities are eligible to receive payment – referred to commonly as either direct pay or elective pay – equal to the full value of the ITC and its bonus credits after a clean energy project has been placed in service and the requisite filings completed. This new provision from the IRA will allow nonprofit organizations, states, local governments, and Tribal Nations, among others, to receive payment equal to the full value of tax credits for building clean energy projects.
The project must be placed in service before the entity can apply for direct pay reimbursement. Only projects placed in service after the start of the 2023 tax year are eligible.
The eligible entity must also make a pre-filing submission with the IRS through the IRS electronic portal. The IRS will provide a pre-filing registration number, which must be included on the entity’s tax filing. An entity without a registration number is ineligible to receive tax credits. Expect the IRS to take up to 120 days to process the pre-filing registration and to provide a registration number.
To make the elective payment election on the entity’s tax return, the entity must fill out Form 3800 (citing the registration number received through pre-filing) and provide any additional required documentation and underlying source credit forms.
Interaction with Other Available Incentives
Tax-exempt entities may still benefit from the direct pay provisions of the IRA even if a tax-exempt amount is received to partially finance the clean energy projects.
Amounts exempt from taxation under subtitle A of the IRC or otherwise excluded from taxation (such as income from certain grants and forgivable loans) are included in the basis for purposes of computing the credit amount for the property. This inclusion applies when these amounts are used to purchase, construct, reconstruct, erect, or acquire an investment-related credit property. This rule holds true regardless of whether the basis must be reduced (in whole or in part) by such amounts under general tax principles.
However, if an entity receives a grant, forgivable loan, or other income exempt from taxation under subtitle A of the IRC or otherwise excluded from taxation to acquire an investment-related credit property (restricted tax-exempt amount), and the sum of any restricted tax exempt amounts plus the credit determined for that property exceeds the cost of the property, then the amount of the credit is reduced so that the credit plus any restricted tax exempt amounts equals the cost of the investment-related credit property.
For assistance with navigating the qualification for and direct pay of an ITC, please contact us.
As year-end approaches, now is a good time to think about planning moves that may help lower your tax bill for this year and possibly next.
This year’s planning is extremely important as 2025 is almost certain to bring significant tax changes with it.
Yeo & Yeo’s 2024 Year-end Tax Planning Guide provides action items that may help you save tax dollars if you act before year-end. These are just some of the steps that can be taken to save taxes. Not all actions may apply in your particular situation, but you or a family member can likely benefit from many of them.
Next steps
After reviewing the Year-end Tax Guide, reach out to your Yeo & Yeo tax advisor, who can help narrow down the specific actions you can take and tailor a tax plan unique to your current personal and business situation.
Together we can:
- Identify tax strategies and advise you on which tax-saving moves to make.
- Evaluate tax planning scenarios.
- Determine how we can help.
We will continue to monitor tax changes and share information as it becomes available. Visit our Tax Resource Center for the latest tax insights, useful links, and access to our Online Tax Guide.
A federal district court judge has struck down the Biden administration’s new rule regarding the salary threshold for determining whether certain employees are exempt from federal overtime pay requirements. The first phase of the rule took effect for most employers in July 2024 and affects executive, administrative and professional (EAP) employees.
With a Republican administration poised to take control of the U.S. Department of Labor (DOL), the court’s ruling may sound the death knell for the rule. Here’s what the ruling means for employers.
The rejected rule
Under the Fair Labor Standards Act (FLSA), nonexempt workers are entitled to overtime pay at 1.5 times their regular pay rate for hours worked per week that exceed 40. EAP employees are exempt from the overtime requirement if they satisfy three tests:
Salary basis test. An employee is paid a predetermined and fixed salary that isn’t subject to reduction due to variations in the quality or quantity of his or her work.
Salary level test. The salary isn’t less than a specific amount or threshold.
Duties test. An employee primarily performs executive, administrative or professional duties.
The new rule focused on the salary level test and increased the threshold in two steps. The first step occurred on July 1, 2024, when most salaried workers earning less than $844 per week or $43,888 per year became eligible for overtime (up from $684 per week or $35,568 per year). The second step was scheduled to kick in on January 1, 2025, when the salary threshold would have increased to $1,128 per week or $58,656 per year.
In addition, the rule raised the total compensation requirement for highly compensated employees (HCEs), who are subject to a more relaxed duties test than employees earning less. HCEs need only “customarily and regularly” perform at least one of the duties of an exempt EAP employee instead of primarily performing such duties.
As of July 1, 2024, this less restrictive test applied to HCEs who perform office or nonmanual work and earn total compensation (including bonuses, commissions and certain benefits) of at least $132,964 per year (up from $107,432). It would have risen to $151,164 on January 1, 2025.
The rule also established a mechanism to update the salary thresholds every three years, based on current earnings data from the most recent available four quarters of data from the U.S. Bureau of Labor Statistics. However, the DOL could temporarily delay a scheduled update when warranted by unforeseen economic or other conditions.
The court’s ruling
In June 2024, the U.S. District Court for the Eastern District of Texas temporarily blocked the rule as far as its application to the State of Texas as an employer — so on an extremely limited basis — while it considered the state’s underlying legal challenge to the rules (State of Texas v. U.S. Dep’t of Labor). Multiple business groups joined Texas and asked the court to vacate the rule entirely.
On November 15, 2024, the court did just that. It found that the new rule exceeded the DOL’s authority to define terms because the EAP exemption requires that an employee’s status turn on duties, not salary — and the new rule impermissibly made salary predominate over duties. The court also found the automatic updating mechanism exceeded the DOL’s authority.
Notably, the court cited the U.S. Supreme Court’s recent decision overturning the doctrine known as “Chevron deference.” Under the doctrine, which had been in effect for decades, courts deferred to “permissible” agency interpretations of the laws they administer. The high court’s ruling empowers courts to reject agency rules more easily.
Employer response
As a result of the court’s ruling, the salary thresholds for EAP employees and HCEs return to their earlier levels: $684 per week or $35,568 per year for the former and $107,432 for the latter. On its face, that’s good news for employers. However, many businesses have started making moves in response to the new rule. For example, employers may have reclassified some employees as nonexempt, increased salaries to retain exempt status for others or reduced salaries to offset new overtime pay. Now what?
Of course, the DOL could appeal the ruling, which could make employers reluctant to institute any immediate changes. An appeal would be heard by the conservative Fifth Circuit Court of Appeals, which has repeatedly ruled against the Biden administration.
The best predictor of what’s to come may be the treatment of a similar DOL rule issued by President Obama’s administration. A court invalidated the rule in November 2016 in a ruling that was appealed while Obama was still in office. The DOL under President Trump’s first administration withdrew the appeal and issued the revised and less expansive rule that took effect in 2019.
Regardless, bear in mind that exempt employees also must satisfy the applicable duties test, whatever the salary threshold. An employee whose salary exceeds the threshold but doesn’t primarily engage in the applicable duties isn’t exempt from the overtime requirements.
Proceed with caution
Employers that roll back changes in status or salary increases that were implemented in anticipation of the new rule may find that employees — or their attorneys — begin to question whether their duties warrant an exemption. Even if employees don’t pursue litigation, rollbacks must be weighed against the impact on employee morale in a competitive job market. The best course will vary by employer, and legal advice is strongly encouraged. We’ll keep you updated on the latest news regarding the ruling.
© 2024
How much can you and your employees contribute to your 401(k)s or other retirement plans next year? In Notice 2024-80, the IRS recently announced cost-of-living adjustments that apply to the dollar limitations for retirement plans, as well as other qualified plans, for 2025. With inflation easing, the amounts aren’t increasing as much as in recent years.
401(k) plans
The 2025 contribution limit for employees who participate in 401(k) plans will increase to $23,500 (up from $23,000 in 2024). This contribution amount also applies to 403(b) plans, most 457 plans and the federal government’s Thrift Savings Plan.
The catch-up contribution limit for employees age 50 or over who participate in 401(k) plans and the other plans mentioned above will remain $7,500 (the same as in 2024). However, under the SECURE 2.0 law, specific individuals can save more with catch-up contributions beginning in 2025. The new catch-up contribution amount for taxpayers who are age 60, 61, 62 or 63 will be $11,250.
Therefore, participants in 401(k) plans who are 50 or older can contribute up to $31,000 in 2025. Those who are age 60, 61, 62 or 63 can contribute up to $34,750.
SEP plans and defined contribution plans
The limitation for defined contribution plans, including a Simplified Employee Pension (SEP) plan, will increase from $69,000 to $70,000 in 2025. To participate in a SEP, an eligible employee must receive at least a certain amount of compensation for the year. That amount will remain $750 in 2025.
SIMPLE plans
The deferral limit to a SIMPLE plan will increase to $16,500 in 2025 (up from $16,000 in 2024). The catch-up contribution limit for employees who are age 50 or over and participate in SIMPLE plans will remain $3,500. However, SIMPLE catch-up contributions for employees who are age 60, 61, 62 or 63 will be higher under a change made by SECURE 2.0. Beginning in 2025, they will be $5,250.
Therefore, participants in SIMPLE plans who are 50 or older can contribute $20,000 in 2025. Those who are age 60, 61, 62 or 63 can contribute up to $21,750.
Other plan limits
The IRS also announced that in 2025:
- The limitation on the annual benefit under a defined benefit plan will increase from $275,000 to $280,000.
- The dollar limitation concerning the definition of “key employee” in a top-heavy plan will increase from $220,000 to $230,000.
- The limitation used in the definition of “highly compensated employee” will increase from $155,000 to $160,000.
IRA contributions
The 2025 limit on annual contributions to an individual IRA will remain $7,000 (the same as 2024). The IRA catch-up contribution limit for individuals age 50 or older isn’t subject to an annual cost-of-living adjustment and will remain $1,000.
Plan ahead
The contribution amounts will make it easier for you and your employees to save a significant amount in your retirement plans in 2025. Contact us if you have questions about your tax-advantaged retirement plan or want to explore other retirement plan options.
© 2024
You’re not alone if you’re confused about the federal tax treatment of business-related meal and entertainment expenses. The rules have changed in recent years. Let’s take a look at what you can deduct in 2024.
Current law
The Tax Cuts and Jobs Act eliminated deductions for most business-related entertainment expenses. That means, for example, that you can’t deduct any part of the cost of taking clients out for a round of golf or to a football game.
You can still generally deduct 50% of the cost of food and beverages when they’re business-related or consumed during business-related entertainment.
Allowable food and beverage costs
IRS regulations clarify that food and beverages are all related items whether they’re characterized as meals, snacks, etc. Food and beverage costs include sales tax, delivery fees and tips.
To be 50% deductible, food and beverages consumed in conjunction with an entertainment activity must: be purchased separately from the entertainment or be separately stated on a bill, invoice, or receipt that reflects the usual selling price for the food and beverages. You can deduct 50% of the approximate reasonable value if they aren’t purchased separately.
Other rules
Per IRS regulations, no 50% deduction for the cost of business meals is allowed unless:
- The meal isn’t lavish or extravagant under the circumstances.
- You (as the taxpayer) or an employee is present at the meal.
- The meal is provided to you or a business associate.
Who are business associates? They’re people with whom you reasonably expect to conduct business — such as established or prospective customers, clients, suppliers, employees or partners.
IRS regulations make it clear that you can deduct 50% of the cost of a business-related meal for yourself — for example, because you’re working late at night.
Traveling on business
Per IRS regulations, the general rule is that you can still deduct 50% of the cost of meals while traveling on business. The longstanding rules for substantiating meal expenses still apply. Message: keep receipts.
IRS regulations also reiterate the longstanding general rule that no deductions are allowed for meal expenses incurred for spouses, dependents, or other individuals accompanying you on business travel. (This is also true for spouses and dependents accompanying an officer or employee on a business trip.)
The exception is when the expenses would otherwise be deductible. For example, meal expenses for your spouse are deductible if he or she works at your company and accompanies you on a business trip for legitimate business reasons.
100% deductions in certain situations
IRS regulations confirm that some longstanding favorable exceptions for meal and entertainment expenses still apply. For example, your business can deduct 100% of the cost of:
- Food, beverage, and entertainment incurred for recreational, social, or similar activities that are primarily for the benefit of all employees (for example, at a company holiday party);
- Food, beverages, and entertainment available to the general public (for example, free food and music you provide at a promotional event open to the public);
- Food, beverages and entertainment sold to customers for full value;
- Amounts that are reported as taxable compensation to recipient employees; and
- Meals and entertainment that are reported as taxable income to a non-employee recipient on a Form 1099 (for example, a customer wins a dinner cruise for ten valued at $750 at a sales presentation).
In addition, a restaurant or catering business can deduct 100% of the cost of food and beverages purchased to provide meals to paying customers and consumed at the worksite by employees who work in the restaurant or catering business.
Bottom line
Business-related meal deductions can be valuable, but the rules can be complex. Contact us if you have questions or want more information.
© 2024
A chart of accounts is the foundation of accurate financial reporting, so it needs to be set up correctly. A disorganized chart or one that lumps transactions into broad, undefined “buckets” of data can make it difficult for management to evaluate financial performance and identify unmet customer needs — or open the door to accounting errors and fraud. Here’s some guidance on how to create a robust chart that’s right for your situation.
Why it matters
A chart of accounts is a structured list of general ledger accounts that are used to record and organize financial transactions. An organized chart simplifies the preparation of tax returns and financial statements that comply with formal accounting standards, such as U.S. Generally Accepted Accounting Principles.
Additionally, a detailed chart provides insight into profitability and asset management. It can help you identify financial and operational areas in need of improvement and make better-informed strategic decisions.
In turn, these insights can help you communicate with stakeholders, such as lenders and potential investors, about your business’s financial performance. This can be useful, for example, when applying for new loans, seeking additional capital contributions or selling your business.
Numbering and naming conventions
Essentially, the chart of accounts mirrors the financial statements; it includes major balance sheet and income statement accounts. Each account is assigned a unique identification number and an account name.
The following sequence is customarily used for account numbering:
- 1000-1999 for assets, such as cash on hand, undeposited funds, accounts receivable, equipment, machinery, vehicles, real estate and inventory,
- 2000-2999 for liabilities, including accounts payable, accrued expenses and outstanding loans,
- 3000-3999 for equity, for example, retained earnings and capital accounts,
- 4000-4999 for revenue, such as contract revenue, change order revenue, reimbursements and retainage, and
- 5000-5999 for expenses, for instance, materials, labor, payroll and benefits, rent, utilities, equipment leasing, marketing, insurance, depreciation, and administrative costs.
Subcategories are generally created for key accounts within each main category. For example, current assets could start at 1100, fixed assets at 1200 and other assets at 1300. As your business grows or its reporting needs change, you might add more accounts within a range.
Following best practices
There’s no one-size-fits-all format for the chart of accounts. The appropriate structure will depend on the number, nature and complexity of your company’s financial transactions. Most companies start with industry-specific templates provided by their accounting software packages. Then, they customize those templates to fit the company’s needs.
When setting up your chart, consider these best practices:
- Leave space between account numbers to accommodate business growth,
- Use simple, easy-to-understand naming conventions,
- Add a description for each account to help accounting personnel enter transactions into the correct general ledger account,
- Select the correct account type (asset, liability, etc.) to facilitate financial statement and tax return preparation, and
- Review the chart at year end and make any necessary adjustments.
A simple chart of accounts might work initially, but more complexity may be needed as your company evolves. For example, management might want to track results by department, project or region. This may require additional account segments or layers to allow for segmentation in reporting. A new business line might also require changes to an existing chart. More complex charts are common in certain industries, such as health care or construction.
For more information
Setting up a chart of accounts isn’t a one-off task that produces a template you can use forever. Contact us for help setting up a new chart of accounts or reviewing an existing one. Our experienced accounting and bookkeeping professionals can help you capture the relevant information your business needs to succeed.
© 2024
As 2024 winds to a close, employers need to strategize about various issues for the next calendar year. One of them is compensation — specifically, how to handle pay raises.
In its 2024-2025 Salary Budget Survey, compensation management platform provider Payscale analyzed 1,550 submissions from employees at various organizational levels in the United States and Canada. The survey found that U.S. employers plan to increase their salary budgets by 3.5% in 2025 (slightly down from 3.6% in 2024).
If your organization, like many, now prioritizes pay equity and transparency, make sure you’ve thoroughly considered all the factors that go into finding the right approach to raises.
Standardized criteria
How employers determine and communicate raises and other compensation adjustments can affect employee morale and performance. For this reason alone, consider developing and communicating standardized sets of criteria to determine pay raises for specific positions or job groupings within your organization. (If you already do this, be sure to regularly review and revise the criteria as necessary.)
By standardizing criteria, you’re less likely to wind up with significant variations in compensation among employees who perform identical or similar jobs. You’ll also help ensure that, as much as possible, pay fairly reflects performance.
In addition, standardized criteria can reduce the perception of, and opportunity for, bias. Even if untrue, the mere perception of pay inequity can dampen morale, increase turnover and damage your employer brand with job candidates.
Goals, longevity or both
Even with established standardized criteria for raises, many employers still grapple with whether to also base pay increases on annual performance goals or longevity.
The latter is the more traditional approach. The idea is that, generally, employees’ experience with the organization reflects dedication, consistency and high-quality contributions. In addition, using raises to reward loyalty may help reduce turnover.
However, in developing their compensation philosophies, many employers have decided that longevity doesn’t automatically correlate with high-value employees. In addition, relying on tenure alone to determine raises can lead to paying bloated salaries to staff members who don’t always develop their skill sets to match their organizations’ changing needs.
For these reasons, and perhaps others, many employers now tie employees’ raises to mutually agreed-on performance goals. If you decide to take this route or are already doing so, be sure goals are clearly communicated, measurable and challenging yet attainable.
Of course, many organizations look at both longevity and performance when determining raises. Whatever approach you choose, ensure your compensation philosophy and policies comply with all applicable laws and regulations. Consult a qualified attorney as necessary.
Schedule of increases
Although many employers issue raises during or immediately after annual performance reviews, other schedules can make sense. For example, if a position typically experiences high turnover, you might boost retention by offering new hires a modest increase after only several months. No matter what the schedule is, let new employees know when they can expect their first review and opportunity for a raise.
You also should have an established policy for interacting with staff members who ask for raises outside the regular schedule. Some employers assess these requests on a case-by-case basis, while others flatly prohibit them. If a raise isn’t feasible and you want to retain the worker, look for nonfinancial incentives that might resolve the situation, such as a change in job title or more flexible working hours.
Compensation complexity
There’s no doubt about it; compensation has gotten complex. Every employer needs to find a competitive, equitable and transparent approach to paying their employees. Contact us for help capturing and analyzing your organization’s compensation costs, including the impact of annual or more regular raises.
© 2024
There are many benefits of including a revocable trust in your estate plan. This trust type allows you to minimize probate expenses, keep your financial affairs private and provide for the management of your assets in the event you become incapacitated. Importantly, they offer flexibility: You’re free to amend the terms of the trust or even revoke it altogether at any time.
If you’re married, you and your spouse must decide whether to use a joint trust or separate trusts. The right choice depends on your financial and family circumstances, applicable state law, and other factors.
Maintaining a joint trust is simpler
If you’re comfortable with your spouse inheriting your combined assets (and vice versa), a joint trust can be less complex to set up and administer than separate trusts. Funding the trust is a simple matter of transferring assets into it and avoids the need to divide assets between two separate trusts.
In addition, during your lifetimes, you and your spouse have equal control over the trust’s assets, which can make it easier to manage and conduct transactions involving the assets. On the other hand, separate trusts may be the way to go for spouses who aren’t comfortable sharing control of their combined assets.
Separate trusts may provide greater asset protection
If shielding assets from creditors is a concern, separate trusts usually offer greater protection. With a joint trust, if a creditor obtains a judgment against one spouse, all trust assets may be at risk. A spouse’s trust is generally protected from the other spouse’s creditors.
Also, when one spouse dies, his or her trust becomes irrevocable, making it more difficult for creditors of either spouse to reach the trust assets. Keep in mind that the degree of asset protection a trust provides depends on the type of debt involved, applicable state law and the existence of a prenuptial agreement.
Factor in taxes
For most couples today, federal gift and estate taxes aren’t a concern. This is because they enjoy a combined gift and estate tax exemption of more than $27 million in 2024 and 2025.
However, if a couple’s wealth exceeds the exemption amount, or if they live in a state where an estate or inheritance tax kicks in at lower asset levels, separate trusts offer greater opportunities to avoid or minimize these taxes. For example, some states have exemption amounts as low as $1 million or $2 million. In these states, separate trusts can be used to make the most of each spouse’s exemption amount and minimize exposure to death taxes.
It’s also important to consider income tax. As previously mentioned, when one spouse dies, his or her trust becomes irrevocable. That means filing tax returns for the trust each year and, to the extent trust income is accumulated in the trust, paying tax at significantly higher trust tax rates.
A joint trust remains revocable after the first spouse’s death (it doesn’t become irrevocable until both spouses have passed). In this case, income is taxed to the surviving spouse at his or her individual tax rate.
Review the pros and cons
Joint and separate trusts each have advantages and disadvantages. Contact us to determine which is right for you. We’d be pleased to review your circumstances and help you make a final decision.
© 2024
When start-ups launch, their focus is often on tightly controlling expenses. Most need to establish a brand and some semblance of stability before funding anything other than essential operating activities.
For companies that make it past that tenuous initial stage, there comes a time when they must loosen up the purse strings and start investing in, among other things, their employees. One way to do so is to sponsor a retirement plan. Offering this fringe benefit lets staff know the business cares about them and their financial futures.
Has your company reached this point? Or is it almost there? If so, let’s review three of the most popular plan types that growing businesses should consider.
1. Traditional 401(k) plans
These are available to any employer with one or more employees. Under the plan, participants are given accounts that they own. This means their contributions are immediately vested, and they retain ownership even if they leave their jobs. Participants typically contribute via pretax payroll deductions, which reduce their taxable income. Distributions, however, are taxable.
For 2025, 401(k) participants can contribute up to $23,500 (up from $23,000 in 2024). Those age 50 or older by the end of the year can make additional “catch-up” contributions of $7,500 (the same amount as in 2024). Your business may also opt to contribute to participants’ accounts under a vesting schedule of your choosing. In 2025, the total combined limit for employee and employer contributions is $70,000. Within limits, your company can deduct contributions made on behalf of eligible employees.
Many companies’ plans now have Roth 401(k) features. This means participants can choose to make some contributions with compensation that’s already been taxed. The upside is that qualified distributions are tax-free.
Establishing a 401(k) plan typically requires, among other steps, adopting a written plan and arranging a trust fund for plan assets. Annually, employers must file Form 5500 and perform discrimination testing to ensure the plan doesn’t favor highly compensated employees. However, with a “safe harbor” 401(k), the plan isn’t subject to discrimination testing. There are also several other 401(k) variations worth considering.
2. SEP-IRAs
If choosing a 401(k) plan and administering it seems a bit overwhelming, there are simpler options. Case in point: Simplified Employee Pension Individual Retirement Accounts (SEP-IRAs). Businesses of any size can establish a plan to offer these accounts by completing Form 5305-SEP, “Simplified Employee Pension — Individual Retirement Accounts Contribution Agreement.” But there’s no annual filing requirement.
From there, you set up and wholly fund a SEP-IRA for each participant. Employer contributions immediately vest with participants, who own their respective accounts. What’s nice is you can decide each year whether and how much to contribute. In 2025, contribution limits will be 25% of an employee’s compensation, up to $70,000 (up from $69,000 in 2024).
3. SIMPLE IRAs
Another less complex approach is sponsoring Savings Incentive Match Plan for Employees (SIMPLE) IRAs. However, only businesses with 100 or fewer employees can offer them.
Like SEP-IRAs, these are accounts you set up for each participant. They may choose to contribute to their SIMPLE IRAs but don’t have to. Employer contributions are required, but you can opt to either:
- Match employee contributions up to 3% of compensation, which can be reduced to as low as 1% in two of five years, or
- Make a 2% nonelective contribution, including to employees who don’t contribute.
Participants are immediately 100% vested in contributions, whether those funds come from you or their own paychecks. The contribution limit in 2025 will be $16,500 (up from $16,000 in 2024).
Many options
To be clear, these are but three options among many different retirement plan types that growing businesses can sponsor for their employees. Our firm can help you weigh the pros and cons of all of them, including forecasting the costs involved and understanding the tax implications.
© 2024
On November 15, 2024, a federal court struck down the Department of Labor (DOL) rule that raised the salary threshold for executive, administrative, and professional employees to be exempt from minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). This nationwide ruling affects all businesses and nullifies:
- The July 1, 2024, increase from $684 per week to $844 per week.
- The January 1, 2025, planned increase to $1,128 per week.
- Future automatic increases every three years starting July 1, 2027.
What should employers do?
- Salary Adjustments: Employers who raised salaries to meet the July 1 threshold or in anticipation of the January 1 increase may revert to previous pay rates but should consider employee morale.
- Reclassification: Workers reclassified as nonexempt under the 2024 rule may be switched back to exempt if they meet the duties test, with advance notice where required.
This ruling offers a chance to review employee classifications and job duties. Yeo & Yeo’s HR Advisory and Payroll Solutions Groups can help you navigate these changes. Contact us.
As the end of the year draws near, savvy taxpayers look for ways to reduce their tax bills. This year, the sense of urgency is higher for many because of some critical factors.
Indeed, many of the Tax Cuts and Jobs Act provisions are set to expire at the end of 2025, absent congressional action. However, with President-Elect Donald Trump set to take power in 2025 and a unified GOP Congress, the chances have greatly improved that many provisions will be extended or made permanent. With these factors in mind, here are tax-related strategies to consider before year end.
Bunching itemized deductions
For 2024, the standard deduction is $29,200 for married couples filing jointly, $14,600 for single filers, and $21,900 for heads of households. “Bunching” various itemized deductions into the same tax year can offer a pathway to generating itemized deductions that exceed the standard deduction.
For example, you can claim an itemized deduction for medical and dental expenses that are greater than 7.5% of your adjusted gross income (AGI). Suppose you’re planning to have a procedure in January that will come with significant costs not covered by insurance. In that case, you may want to schedule it before year end if it’ll push you over the standard deduction when combined with other itemized deductions.
Making charitable contributions
Charitable contributions can be a useful vehicle for bunching. Donating appreciated assets can be especially lucrative. You avoid capital gains tax on the appreciation and, if applicable, the net investment income tax (NIIT).
Another attractive option for taxpayers age 70½ or older is making a qualified charitable distribution (QCD) from a retirement account that has required minimum distributions (RMDs). For 2024, eligible taxpayers can contribute as much as $105,000 (adjusted annually for inflation) to qualified charities. This removes the distribution from taxable income and counts as an RMD. It doesn’t, however, qualify for the charitable deduction. You can also make a one-time QCD of $53,000 in 2024 (adjusted annually for inflation) through a charitable remainder trust or a charitable gift annuity.
Leveraging maximum contribution limits
Maximizing contributions to your retirement and healthcare-related accounts can reduce your taxable income now and grow funds you can tap later. The 2024 maximum contributions are:
- $23,000 ($30,500 if age 50 or older) for 401(k) plans.
- $7,000 ($8,000 if age 50 or older) for traditional IRAs.
- $4,150 for individual coverage and $8,300 for family coverage, plus an extra $1,000 catch-up contribution for those age 55 or older for Health Savings Accounts.
Also keep in mind that, beginning in 2024, contributing to 529 plans is more appealing because you can transfer unused amounts to a beneficiary’s Roth IRA (subject to certain limits and requirements).
Harvesting losses
Although the stock market has clocked record highs this year, you might find some losers in your portfolio. These are investments now valued below your cost basis. By selling them before year end, you can offset capital gains. Losses that are greater than your gains for the year can offset up to $3,000 of ordinary income, with any balance carried forward.
Just remember the “wash rule.” It prohibits deducting a loss if you buy a “substantially similar” investment within 30 days — before or after — the sale date.
Converting an IRA to a Roth IRA
Roth IRA conversions are always worth considering. The usual downside is that you must pay income tax on the amount you transfer from a traditional IRA to a Roth. If you expect your income tax rate to increase in 2026, the tax hit could be less now than down the road.
Regardless, the converted funds will grow tax-free in the Roth, and you can take qualified distributions without incurring tax after you’ve had the account for five years. Moreover, unlike other retirement accounts, Roth IRAs carry no RMD obligations.
In addition, Roth accounts allow tax- and penalty-free withdrawals at any time for certain milestone expenses. For example, you can take a distribution for a first-time home purchase (up to $10,000), qualified birth or adoption expenses (up to $5,000 per child) or qualified higher education expenses (no limit).
Timing your income and expenses
The general timing strategy is to defer income into 2025 and accelerate deductible expenses into 2024, assuming you won’t be in a higher tax bracket next year. This strategy can reduce your taxable income and possibly help boost tax benefits that can be reduced based on your income, such as IRA contributions and student loan deductions.
If you’ll likely land in a higher tax bracket in the near future, you may want to flip the general strategy. You can accelerate income into 2024 by, for example, realizing deferred compensation and capital gains, executing a Roth conversion, or exercising stock options.
Don’t delay
With the potential for major tax changes on the horizon, now is the time to take measures to protect your bottom line. We can help you make the right moves for 2024 and beyond.
© 2024
If you own a growing, unincorporated small business, you may be concerned about high self-employment (SE) tax bills. The SE tax is how Social Security and Medicare taxes are collected from self-employed individuals like you.
SE tax basics
The maximum 15.3% SE tax rate hits the first $168,600 of your 2024 net SE income. The 15.3% rate is comprised of the 12.4% rate for the Social Security tax component plus the 2.9% rate for the Medicare tax component. For 2025, the maximum 15.3% SE tax rate will hit the first $176,100 of your net SE income.
Above those thresholds, the SE tax’s 12.4% Social Security tax component goes away, but the 2.9% Medicare tax component continues for all income.
How high can your SE tax bill go? Maybe a lot higher than you think. The real culprit is the 12.4% Social Security tax component of the SE tax, because the Social Security tax ceiling keeps getting higher every year.
To calculate your SE tax bill, take the taxable income from your self-employed activity or activities (usually from Schedule C of Form 1040) and multiply by 0.9235. The result is your net SE income. If it’s $168,600 or less for 2024, multiply the amount by 15.3% to get your SE tax. If the total is more than $168,600 for 2024, multiply $168,600 by 12.4% and the total amount by 2.9% and add the results. This is your SE tax.
Example: For 2024, you expect your sole proprietorship to generate net SE income of $200,000. Your SE tax bill will be $26,706 (12.4% × $168,600) + (2.9% × $200,000). That’s a lot!
Projected tax ceilings for 2026–2033
The current Social Security tax on your net SE income is expensive enough, but it will only worsen in future years. That’s because your business income will likely grow, and the Social Security tax ceiling will continue to increase based on annual inflation adjustments.
The latest Social Security Administration (SSA) projections (from May 2024) for the Social Security tax ceilings for 2026–2033 are:
- 2026 – $181,800
- 2027 – $188,100
- 2028 – $195,900
- 2029 – $204,000
- 2030 – $213,600
- 2031 – $222,900
- 2032 – $232,500
- 2033 – $242,700
Could these estimated ceilings get worse? Absolutely, because the SSA projections sometimes undershoot the actual final numbers. For instance, the 2025 ceiling was projected to be $174,900 just last May, but the final number turned out to be $176,100. But let’s say the projected numbers play out. If so, the 2033 SE tax hit on $242,700 of net SE income will be a whopping $37,133 (15.3% × $242,700).
Disconnect between tax ceiling and benefit increases
Don’t think that Social Security tax ceiling increases are linked to annual Social Security benefit increases. Common sense dictates that they should be connected, but they aren’t. For example, the 2024 Social Security tax ceiling is 5.24% higher than the 2023 ceiling, but benefits for Social Security recipients went up by only 3.2% in 2024 compared to 2023. The 2025 Social Security tax ceiling is 4.45% higher than the 2024 ceiling, but benefits are going up by only 2.5% for 2025 compared to 2024.
The reason is that different inflation measures are used for the two calculations. The increase in the Social Security tax ceiling is based on the increase in average wages, while the increase in benefits is based on a measure of general inflation.
S corporation strategy
While your SE tax bills can be high and will probably get even higher in future years, there may be potential ways to cut them to more manageable levels. For instance, you could start running your business as an S corporation. Then, you can pay yourself a reasonably modest salary while distributing most or all of the remaining corporate cash flow to yourself. That way, only your salary would be subject to Social Security and Medicare taxes. Contact us if you have questions or want more information about the SE tax and ways to manage it.
© 2024
As year end closes in and you prepare for 2025, Yeo & Yeo’s Payroll Solutions Group would like to inform you of important payroll updates that will affect you and your employees next year.
Our 2025 Payroll Planning Brief includes several payroll changes that take effect in the coming year and items to consider before year end. Most notably, beginning February 21, 2025, almost all businesses and organizations operating in Michigan will be subject to new minimum wage and paid sick time requirements. Learn more about the Improved Workforce Opportunity Wage Act (IWOWA) and Earned Sick Time Act (ESTA) changes on Yeo & Yeo’s resource page.
Note: On November 7, two bills were introduced in the Michigan House to amend both IWOWA and ESTA. With the legislative session ending on December 16, swift action on these bills is expected, which would revamp what is currently in place.
Watch Yeo & Yeo’s website and future eAlerts for new developments.
Need guidance on closing 2024, preparing for 2025 payroll, or meeting payroll deadlines? Contact the payroll professionals at Yeo & Yeo.