New Grants for Organizations to Expand Capacity this Winter
The Michigan Department of Labor and Economic Opportunity (LEO) will offer roughly $3,000,000 in grants for qualifying organizations to expand their capacity by adding weatherized, temporary outdoor facilities.
Grants will be awarded to Michigan-based businesses, organizations and nonprofits with 50 or fewer full-time employees. Eligible organizations are limited to the following:
- Restaurants and/or bars
- Banquet centers
- Retail stores
- Gyms and fitness centers
- Local governments that provide common space for businesses
- Commercial property owners who provide common space for tenants
The grant application opens on Wednesday, November 18, at noon. Funds will be awarded based on a first-come, first-served basis. At least ten grants will be given to each of Michigan’s prosperity regions.
Projects that would qualify for the grant include:
- Temporary structures to cover outdoor seating
- Portable heaters
- Outdoor furniture and tableware
- Outdoor cooking equipment
- Fencing; dividers such as planters, hangings, or Plexiglas panels
- Sanitizing supplies and equipment
- Security devices
- Electronic menu access
- Upgrades to increase capacity for carryout and delivery service
Visit the SBA website to learn more about the application process, review requirements and submit an application.
Small business owners are well aware of the increasing cost of employee health care benefits. As a result, your business may be interested in providing some of these benefits through an employer-sponsored Health Savings Account (HSA). Or perhaps you already have an HSA. It’s a good time to review how these accounts work since the IRS recently announced the relevant inflation-adjusted amounts for 2021.
The basics of HSAs
For eligible individuals, HSAs offer a tax-advantaged way to set aside funds (or have their employers do so) to meet future medical needs. 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 year after year tax free.
- 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 2020 and 2021 amounts
To be eligible for an HSA, an individual must be covered by a “high deductible health plan.” For 2020, a “high deductible health plan” is one with an annual deductible of at least $1,400 for self-only coverage, or at least $2,800 for family coverage. For 2021, these amounts are staying the same.
For self-only coverage, the 2020 limit on deductible contributions is $3,550. For family coverage, the 2020 limit on deductible contributions is $7,100. For 2021, these amounts are increasing to $3,600 and $7,200, respectively. Additionally, for 2020, annual out-of-pocket expenses required to be paid (other than for premiums) for covered benefits cannot exceed $6,900 for self-only coverage or $13,800 for family coverage. For 2021, these amounts are increasing to $7,000 and $14,000.
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 2020 and 2021 of up to $1,000.
Contributing on an employee’s behalf
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 and 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 be built up for years. An employer that decides to make contributions on its employees’ behalf must generally make comparable contributions to the HSAs of all comparable participating employees for that calendar year. If the employer doesn’t make comparable contributions, the employer is subject to a 35% tax on the aggregate amount contributed by the employer to HSAs for that period.
Paying for eligible expenses
HSA distributions can be made to pay for qualified medical expenses. This generally means those expenses that would qualify for the medical expense itemized deduction. They include expenses such as doctors’ visits, prescriptions, chiropractic care and premiums for long-term care insurance.
If funds are withdrawn from the HSA for any other reason, the withdrawal is taxable. Additionally, an extra 20% tax will apply to the withdrawal, unless it’s made after reaching age 65, or in the event 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.
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The demand for qualified accounting and finance personnel has grown, as business owners struggle to manage unpredictable cash flows, increased costs, and new government policies and financial aid packages. Plus, the potential job market for these professionals has expanded, thanks to technological changes that now allow them to transcend geographic boundaries and work from virtually anywhere.
High turnover can lead to major problems: It can lower productivity, delay financial reporting and decision-making, and even trigger a snowball effect among the remaining team members. Plus, recruiting and training replacements can be costly and time-consuming.
Some turnover is natural in every department. But if the voluntary departure rate in your accounting department has become excessive, it may be time to consider these four corrective measures:
1. Strengthen bonds with employees
Happy employees feel valued, challenged and connected to their employer. Owners and executives should take time to connect with the people who work behind the scenes, including members of the accounting team, to find out how they view their role and the company.
Ask internal accounting personnel to share their career aspirations. Then, where possible, provide them with the support to realize those goals. Setting aside the time to connect and listen to employees can go a long way toward improving retention.
2. Work closely with human resources
By partnering with HR, the accounting department can improve its ability to nurture and retain key employees. For example, HR can help create and implement a flexible scheduling program or administer an employee satisfaction survey with the accounting department. Or, if a specific employee is a flight risk, HR can help address the individual’s concerns and re-engage him or her in the team.
3. Remember remote employees
The accounting department is well-suited for remote work, even beyond the COVID-19 crisis. But it’s not right for everyone. Some employees will adapt to it quickly, while others may struggle or need to come into the office occasionally, especially when closing the books at the end of the accounting period.
Keep the lines of communication open with remote accounting personnel. In addition to regular videoconferencing check-in meetings, provide them with office supplies, intranet resources and access to your company’s networks. Without these types of support, it’s easy for remote workers to become disengaged.
4. Uncover the root causes for departures
If you lose your controller, CFO or another key member of your accounting team, make it a teachable moment. Conduct exit interviews to learn why the employee is leaving.
During those discussions, ask open-ended questions that allow the individual to share his or her experiences at your company. Also resist the temptation to challenge his or her statements or entice the individual to stay. The goal is to encourage the individual to share freely without fear of repercussions or being made to feel guilty.
Your accounting team is a critical asset
From financial statements and tax returns to budgets and forecasts, the accounting department provides valuable insight into how your company is performing and what strategic direction makes sense for the future. As fellow accountants, we can be a helpful source of ideas to retain your current staff and recruit new members. Contact us for more information.
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How can an employer keep its workforce safe from COVID-19 exposure on the job, while still following medical privacy rules? The Equal Employment Opportunity Commission (EEOC) may be able to help, as it reviews how COVID-19 workplace issues intersect with recommendations from the Centers for Disease Control (CDC) and with various laws.
The relevant laws include the Americans with Disabilities Act (ADA), certain provisions of the U.S. Civil Rights Act and the Equal Employment Opportunity Act. In March 2020, a stream of information in question-and-answer form began flowing that may help you tackle COVID-19 issues in your business. Here are condensed versions of some recent Q&As. The complete set can be found on the EEOC’s website (EEOC.gov).
Q: May an employer administer a COVID-19 test when evaluating an employee’s initial or continued presence in the workplace?
A: The ADA requires that any mandatory medical test of employees be “job related and consistent with business necessity.” Applying this standard to the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workforce have COVID-19 to contain the direct threat posed by individuals with the virus. Therefore, an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace is a danger to others.
Q: May a manager single out a specific employee for questioning to determine if he or she has COVID-19, or require that this employee alone have a temperature check or undergo other screening or testing?
A: If an employer wishes to ask only an individual employee to answer such questions, or to have a temperature check or undergo other screening or testing, ADA requirements must be met. That is, the employer must have a reasonable belief based on objective evidence that this person might have the disease. So, it’s important for the employer to consider why these actions should be taken for a particular employee, such as a display of COVID-19 symptoms.
Q: What may an employer do under the ADA if an employee refuses to submit to a temperature check or to answer COVID-19-related questions?
A: The ADA allows an employer to bar an employee from physical presence in the workplace if the worker:
- Refuses a temperature check,
- Refuses to answer questions about whether he or she has COVID-19 symptoms associated with COVID-19, or
- Has been tested for the virus.
To gain the cooperation of employees, employers may wish to ask the reasons for the refusal. The employer may be able to provide information or reassurance that they’re taking these steps to ensure the safety of everyone in the workplace and that these steps are consistent with CDC health screening recommendations.
Q: What should a manager do if he or she learns that an employee has COVID-19 or COVID-19 symptoms? Can the manager disclose this information without violating ADA confidentiality?
A: The ADA requires an employer to keep all medical information about employees confidential, even if that information isn’t about a disability. Clearly, the information that an employee has symptoms or a diagnosis of COVID-19 is medical information. But the fact that this is medical information doesn’t prevent the manager from reporting it to appropriate employer officials.
Those officials can then take actions consistent with guidance from the CDC and other public health authorities. The real question is what information to report. Is it the fact that an unnamed employee has symptoms of COVID-19 or a diagnosis, or is it the identity of that employee? Determining who in the organization needs to know the identity of the employee will depend on each workplace and why a specific official needs this information. Employers should make every effort to limit the number of people who know the name of the employee.
Q: Is an employee entitled to an accommodation under the ADA to avoid exposing a family member who’s at higher risk of severe illness from COVID-19 due to an underlying medical condition?
A: No. Although the ADA prohibits discrimination based on association with an individual with a disability, that protection is limited to disparate treatment or harassment. The ADA doesn’t require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated. Of course, an employer is free to provide such flexibilities if it chooses to do so. An employer choosing to offer additional flexibilities beyond what the law requires should be careful not to engage in disparate treatment on a protected Equal Employment Opportunity basis.
Q: When an employer that grants telework to employees for the purpose of slowing or stopping the spread of COVID-19 reopens the workplace, what’s the employer’s obligation to continue to offer telework? Is the employer required to grant telework as a reasonable accommodation to every employee with a disability who requests to continue this arrangement as an ADA/Rehabilitation Act accommodation?
A: No. Any time an employee requests a reasonable accommodation, the employer is entitled to understand the disability-related limitation that necessitates an accommodation. If there’s no disability-related limitation that requires teleworking, then the employer doesn’t have to provide telework as an accommodation. Or, if there’s a disability-related limitation but the employer can effectively address the need with another form of reasonable accommodation at the workplace, then the employer can choose that alternative to telework.
Q: Do employees who are 65 and over have protections under the federal employment discrimination laws?
A: Individuals who are 65 and over are at higher risk for a severe case of COVID-19 if they contract the virus. Therefore, employers are encouraged to offer maximum flexibilities to this group.
The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals who are 40 and older. The ADEA would prohibit a covered employer from involuntarily excluding an individual who is 65 or older from the workplace based on his or her age, even if the employer acted for benevolent reasons, such as protecting the employee due to higher risk of severe illness from COVID-19. Unlike the ADA, the ADEA doesn’t include a right to reasonable accommodation for older workers due to age. However, employers are free to provide flexibility to workers who are 65 and older. The ADEA doesn’t prohibit this, even if it results in younger workers who are 40 to 64 being treated less favorably than those who are 65 and older.
For More Information
The answers to some of these questions have been abridged due to space considerations. Review the EEOC’s full response or get in touch with an employment law specialist if you’re confronting any COVID-19-related concerns in the workplace.
Small business owners still have time to make tax planning moves to lower their 2020 federal income tax bills — and possibly lay the groundwork to save taxes in future years. Here are 10 ideas for small businesses to consider.
1. Claim Bonus Depreciation for 2020 Asset Additions
Thanks to the Tax Cuts and Jobs Act (TCJA), 100% first-year bonus depreciation is available for qualified new and used property that’s acquired and placed in service in calendar year 2020. That means your business might be able to write off the entire cost of some or all of your current-year asset additions on this year’s return. Consider making additional acquisitions between now and December 31.
Important: It doesn’t always make sense to claim 100% bonus depreciation in the first year that qualifying business property is placed in service. For example, if you think that tax rates will increase substantially in the future — either due to tax law changes or a change in your income level — it might be better to forgo bonus depreciation and, instead, depreciate your 2020 asset acquisitions over time. If you take advantage of bonus depreciation in 2020 and then federal income tax rates go up in future years, you’ll have effectively traded more valuable future-year depreciation write-offs for less valuable first-year write-offs.
Your tax professional can explain the details of the bonus depreciation program, including what types of assets qualify and whether bonus depreciation is right for your business in 2020. You don’t have to commit to taking 100% bonus depreciation until you file your tax return for the current year. By then, the outcome of the 2020 election — and the direction of future tax rates — will likely be clearer.
2. Claim Bonus Depreciation for 2020 QIP Expenditures
When drafting the TCJA, Congress intended to allow 100% first-year bonus depreciation for real estate qualified improvement property (QIP) placed in service in 2018 through 2022. Congress also intended to give you the option of claiming 15-year straight-line depreciation for QIP placed in service in 2018 and beyond.
QIP is defined as an improvement to an interior portion of a non-residential building that’s placed in service after the date the building was first placed in service. However, QIP doesn’t include expenditures:
- To enlarge a building,
- For any elevator or escalator, or
- For any internal structural framework of a building.
Due to an error in drafting the TCJA, the intended first-year bonus depreciation break for QIP never made it into the statutory language. The CARES Act included a retroactive technical correction to fix that oversight.
The correction causes QIP to be included in the tax code definition of 15-year property. That means QIP can be depreciated over 15 years for federal income tax purposes, which, in turn, gives real estate owners the option to claim 100% first-year bonus depreciation for QIP placed in service in the current tax year.
Again, there may be good reasons to forgo bonus depreciation. Your tax pro can help determine what makes the most sense for your business.
3. Claim Bonus Depreciation for a Heavy SUV, Pickup or Van
The 100% first-year bonus depreciation provision can have a sizable, beneficial impact on first-year depreciation deductions for new and used heavy vehicles used over 50% for business. For federal tax purposes, heavy SUVs, pickups and vans are treated as transportation equipment, so they qualify for 100% bonus depreciation.
This option is available only when the manufacturer’s gross vehicle weight rating (GVWR) is above 6,000 pounds. You can verify a vehicle’s GVWR by looking at the manufacturer’s label, usually found on the inside edge of the driver’s side door where the door hinges meet the frame.
If you’re considering buying an eligible vehicle, doing so and placing it in service before the end of this tax year could deliver a big write-off on this year’s return. Before signing the sales contract, contact your tax pro to help evaluate what’s right for your business.
4. Cash in on More-Generous Section 179 Deduction Rules
The TCJA increased the maximum Section 179 deduction from only $510,000 for tax years beginning in 2017 to $1.04 million for qualifying property placed in service in tax years beginning in 2020.
Other beneficial TCJA changes to the Sec. 179 rules include:
Property used for lodging. For property placed in service in tax years beginning in 2018 and beyond, you can claim Sec. 179 deductions for personal property used in connection with furnishing lodging. Examples include furniture, kitchen appliances, lawn mowers and other equipment used in the living quarters of a lodging facility or in connection with a lodging facility, such as a hotel, motel, apartment house, or a rental condo or rental single-family home.
Qualifying equipment related to real property. For tax years beginning in 2018 and beyond, the TCJA expanded the definition of real property eligible for the Sec. 179 deduction to include qualified expenditures for roofs, HVAC equipment, fire protection and alarm systems, and security systems for nonresidential real property. To qualify, these items must be placed in service after 2017 and after the nonresidential building has been placed in service.
Important: Various limitations can apply to Sec. 179 deductions, especially if you conduct your business as a partnership, limited liability company (LLC) treated as a partnership for tax purposes, or an S corporation.
5. Time Income and Deductions for Tax Savings
If you conduct your business using a so-called “pass-through entity” — meaning a sole proprietorship, S corporation, LLC, or partnership — your shares of the business’s income and deductions are passed through to you and taxed at your personal rates. Unless Congress passes legislation to increase taxes that takes effect next year, the 2021 individual federal income tax rate brackets will be the same as this year’s, with modest bracket bumps for inflation.
So, the traditional strategy of deferring income into next year while accelerating deductible expenditures into this year makes sense if you expect to be in the same or lower tax bracket next year. Depending on the outcome of the 2020 election, it’s unclear whether that expectation is realistic. In any case, deferring income and accelerating deductions will, at a minimum, postpone part of your tax bill from 2020 until 2021.
On the other hand, if you expect to be in a higher tax bracket in 2021, take the opposite approach: Accelerate income into this year (if possible) and postpone deductible expenditures until 2021. That way, more income will be taxed at this year’s lower rate instead of next year’s expected higher rate.
6. Consider Taking Steps to Defer Taxable Income
Most small businesses are allowed to use cash-method accounting for tax purposes. Assuming your business is eligible, cash-method accounting allows you to manage your 2020 and 2021 business taxable income to minimize taxes over the two-year period. If you expect your business income will be taxed at the same or lower rate next year, here are specific cash-method moves that can defer some taxable income until 2021:
Charge recurring expenses that you would normally pay early next year on credit cards. You can claim 2020 deductions even though you won’t pay the credit card bills until 2021.
Pay expenses with checks and mail them a few days before year end. The tax rules allow you to deduct the expenses in the year you mail the checks, even though they won’t be cashed or deposited until early next year. For big-ticket expenses, consider sending checks via registered or certified mail, so you can prove they were mailed before December 31.
Prepay some expenses before year end. Prepaid expenses can be deducted in the year they’re paid as long as the economic benefit from the prepayment doesn’t extend beyond the earlier of 1) 12 months after the first date on which your business realizes the benefit of the expenditure, or 2) the end of the next tax year.
On the income side, the general rule for cash-basis businesses is that you don’t have to report income until the year you receive cash or checks in hand or through the mail. To take advantage of this rule, consider waiting until near year end to send out some invoices to customers. That will defer some income until 2021, because you won’t collect the money until early next year. Of course, this should only be done for customers with solid payment histories.
On the other hand, if you expect to pay a significantly higher tax rate on next year’s business income, it probably makes sense to do the opposite of those strategies. In other words, you’ll want to accelerate income into 2020 and defer expenses into 2021. That way, you’ll raise this year’s taxable income and lower next year’s taxable income.
7. Create or Increase an NOL
The economic fallout from the COVID-19 crisis will cause many small businesses to incur net operating losses (NOLs) this year. With the exception of the Sec. 179 deduction, the tax breaks and strategies discussed in this article can be used to create or increase a current-year net operating loss (NOL) if your business’s expenses exceed its income.
If you incur an NOL in 2020, you can choose to carry it back for up to five years in order to recover taxes paid in those earlier years. Or you can choose to carry it forward to future years, if you expect business tax rates to go up.
8. Reap a 0% Tax Rate on Gains from Selling QSBC Stock
For qualified small business corporation (QSBC) stock that was acquired after September 27, 2010, a 100% federal income tax gain exclusion break is potentially available when the stock is eventually sold. That equates to a 0% federal income tax rate if the shares are sold for a gain.
To benefit from this break, you must hold the shares for more than five years. Also, this deal isn’t available to C corporations that own QSBC stock, and many companies don’t meet the definition of a QSBC in the first place.
Important: Depending on the election results, this break could be gone after this year. So, it could be a limited time opportunity.
9. Maximize QBI Deduction for Pass-Through Business Income
The deduction based on qualified business income (QBI) from pass-through entities is a key element of the TCJA. For tax years beginning in 2018 through 2025, the deduction can be up to 20% of a pass-through entity owner’s QBI. This break is subject to restrictions that can apply at higher income levels and another restriction based on the owner’s taxable income.
For QBI deduction purposes, pass-through entities are defined as sole proprietorships, single-member LLCs that are treated as sole proprietorships for tax purposes, partnerships, LLCs that are treated as partnerships for tax purposes and S corporations.
The QBI deduction is available only to noncorporate taxpayers, meaning individuals, trusts and estates. For these taxpayers, the deduction can also be claimed for up to 20% of income from qualified real estate investment trust (REIT) dividends and 20% of qualified income from publicly traded partnerships. So, the deduction can potentially be a big tax saver for this year.
Because of various limitations on the QBI deduction, tax planning moves can unexpectedly increase or decrease your allowable QBI deduction. For example, strategies that reduce this year’s taxable income can have the negative side-effect of reducing your QBI deduction. Work with your tax pro to optimize the overall results for your tax situation.
10. Establish a Tax-Favored Retirement Plan
If your business doesn’t already have a retirement plan, now might be the time to take the plunge. Current retirement plan rules allow for significant deductible contributions.
For example, if you’re self-employed and set up a SEP-IRA, you can contribute up to 20% of your self-employment earnings. If you’re employed by your own corporation, up to 25% of your salary can be contributed to your SEP-IRA. The maximum 2020 contribution for these plans is $57,000.
Other small business retirement plan options include:
- A 401(k) plan, which can even be set up for just one person (a solo 401(k)),
- A defined benefit pension plan, and
- A SIMPLE-IRA.
Depending on your circumstances, these plans may allow bigger deductible contributions.
Important: The deadline for setting up a SEP-IRA for a sole proprietorship business and making the initial deductible contribution for the 2020 tax year is October 15, 2021, if you extend your 2020 federal income tax return to that date. Other types of plans generally must be established by December 31, 2020, if you want to make a deductible contribution for the 2020 tax year. But the contribution deadline is the extended due date for your 2020 return. However, to make a SIMPLE-IRA contribution for 2020, you must have set up the plan by October 1, 2020. So, you might have to wait until next year if the SIMPLE-IRA option is appealing.
Ready, Set, Plan
2020 has been a year of unprecedented uncertainty. Though you might not know what’s going to happen after the dust clears from November’s election, this year’s tax rules are a known commodity. Contact your tax advisor before year end to help evaluate your planning options as 2021 looms on the horizon.
When the COVID-19 outbreak became a full-fledged pandemic earlier this year, many already stressed not-for-profit organizations panicked. After all, how could nonprofits meet their charitable goals if supporters were losing their jobs — or, worse, fighting for their own and their family members’ lives? Putting reduced donations aside, it seemed unlikely that even dedicated volunteers would want to risk their health and safety to perform unpaid work.
The good news is that many organizations have weathered the initial storm. Studies conducted by the Center for Responsive Politics and Points of Life, an Atlanta, GA-based organization that mobilizes volunteers, reveal that volunteerism has actually grown during 2020’s pandemic. But even if your volunteer ranks are healthy, your nonprofit must continue to make a concerted effort to engage them.
Evolving Trends
As the Points of Light study found, one of the major motivators for volunteers in 2020 has been the presidential election. Before the pandemic hit the United States, voting in elections topped a list of social engagement activities at 72%, followed by donating to charity (54%), signing petitions (34%) and weighing the social and political positions of companies before purchasing their products or services (41%). Yet only 36% at that time said they participated in volunteer activities.
After COVID-19 became an everyday reality, Americans seemed to have reexamined their social engagement priorities. Voting remains at the top of the list at 78%. But about 75% of respondents recently indicated they would be donating to charities and 73% said they would be volunteering. Also, 83% of respondents agreed that the country requires greater unity and that volunteering can help achieve that objective.
As for nonprofits, 85% of organizations report increased requests to volunteer — more than double the level before the pandemic. Younger people, in particular, are extending a helping hand to charities. So it’s a good time to seek new potential volunteers. This is particularly true if your charity has been directly affected by COVID-19 — for example, if your mission addresses general human welfare, food insecurity and health care issues.
How to Motivate Volunteers
For many organizations, especially those with small paid staffs, volunteers are the core of their operations. Indeed, your nonprofit may not be able to get much done without them. To ensure you’re doing everything possible to attract and retain loyal volunteers, consider these five suggestions:
- Find inspiration.To motivate volunteers, you first must understand their reasons for volunteering. Do they volunteer to develop new skills, “make a difference” or meet new people — or all of these? Some may have very personal reasons for volunteering; for example, a volunteer who raises money for a cancer charity because a family member has been afflicted by the disease. Ask volunteers what motivates them and compile the information. This will help you develop a volunteer program that can meet the different needs of volunteers and foster long-term commitments.
- Communicate effectively.Provide an orientation to new volunteers so they understand your nonprofit’s mission, goals and ethics. If a volunteer acts in way that’s contrary to these, gently discuss the issue. In most of these cases, the volunteer simply misunderstands your instructions. Also, regularly solicit suggestions and feedback from volunteers. When you show volunteers that their opinions matter, most will work harder to promote your mission.
- Demonstrate appreciation.Even though volunteering comes from the heart, most people like to be recognized for what they do. If you don’t show appreciation often, they’re more likely to ditch your organization for another one. Appreciation can range from a verbal “thank you” or a thank-you note to giving volunteers greater responsibility or “promoting” them to positions such as volunteer coordinator.
- Acknowledge stakeholders. Your volunteers want to be informed about how the organization is doing and how their contributions are making a difference. Provide periodic updates on programs and projects and highlight the contributions and achievements of volunteers so that they feel like the stakeholders they are.
- Use social media. Appreciation and acknowledgement of volunteers’ work extends beyond your office walls. Post photos showing volunteers in action on Facebook, Instagram or other platforms. You might even want to hand temporary “control” of a social media account to a trusted volunteer.
A Return to Normal
When the pandemic ends and the economy begins to recover, you may be tempted to direct all of your nonprofit’s energy into fundraising. But volunteers will continue to be critical, so make sure you don’t neglect them. Now, in fact, is a great time to review and reorganize your volunteer program so you’re ready for American life and your organization’s activities to return to “normal.”
This has been a rough year for many businesses in a broad range of industries — perhaps including your company. As the New Year beckons, you might want to reward employees who rose to 2020’s considerable challenges and outperformed. One approach is to reward loyal workers with year-end bonuses.
Bonuses remind employees that you value their services and that your company’s success and survival are inextricably linked. According to staffing agency Robert Half, the benefits of bonuses are evident to most executives. A recent survey showed that more than three-quarters of managers intend to offer year-end bonuses this year. Almost half plan on keeping bonuses the same this year — or even boosting them.
But there’s more to giving out year-end bonuses than putting a little something extra in a pay envelope or adding to a direct deposit. Consider these four tips for rewarding employees, including one for employers that aren’t planning to pay bonuses this year:
1. Review the Tax Ramifications
Year-end bonuses are taxable to employees, just like any other form of compensation. But the amounts paid out are deductible by the employer. In this case, timing is everything. Generally, employees are taxed on bonuses in the year in which they’re received. Therefore, if you defer payment to January, the income isn’t taxable until 2021. Conversely, if you pay year-end bonuses to employees in December, you can deduct them on your 2020 return.
Note on special rule: An accrual-basis company can currently deduct bonuses paid as late as 2 1/2 months after the end of its tax year. In other words, a qualified calendar-year company has until March 15, 2021, to pay bonuses and still deduct them on its 2020 return.
2. Explain Your Rationale
There’s a lot of decision-making surrounding year-end bonuses. Employers must determine who gets how much and when. To prevent rumors and resentment from employees who don’t receive as much as they may think they’re due, explain the “whys” behind your bonus awards. For example, if bonuses are based on performance, provide the formula used to arrive at the actual amount and several hypothetical examples.
Alternatively, you might offer bonuses for meeting certain team goals or as rewards for completing special projects. In these cases, accentuate the metrics met by the entire team rather than single out one employee for his or her performance.
Finally, you could offer general year-end bonuses that aren’t based on meeting specific goals or metrics. Such bonuses typically are intended to reward loyalty and to foster a long-term commitment to a company.
3. Communicate the Good News
Traditionally, many employers paid bonuses without offering much rhyme or reason to who received them and why. These days, employers are more likely to trumpet their generosity.
However, you need to be careful, particularly if bonuses are going to just a select few or if several employees are being excluded. If, for example, you’re rewarding an entire team, gather the group (virtually, if necessary) to make your announcement. If you’re giving a year-end performance bonus to only a couple employees, inform them in one-on-one sessions.
In both types of meetings, explain how the bonus amount was determined. If recipients or employees who aren’t receiving bonuses have questions, address them promptly and candidly. Take constructive employee feedback into account and perhaps apply it to next year’s bonus program.
4. Weigh Alternatives
Despite your best intentions, your business may not be able to afford to pay year-end bonuses in 2020. This doesn’t mean you should throw up your hands and do nothing. Depending on your circumstances, you might be able to offer other incentives, such as extra vacation or sick days or more flexible hours. Workers frequently value these perks. A Robert Half survey indicates that most employees consider flexible work scheduling to be the best company fringe benefit.
In this current environment of social distancing, morale-building activities such as holiday parties and other in-person events may not be possible. Be innovative about the ways you can reward employees for a relatively low cost. One idea is to “host” a virtual holiday party where food and beverages are delivered to employee homes or to organize a Secret Santa exchange through the mail.
In any event, keep your employees in the loop. If you can’t pay out traditional bonuses this year, be upfront about it. And whether you pay bonuses or not, sincerely express your appreciation for your employee’s work this year. It’s not just about money.
Is it in Your Budget?
Year-end bonuses have long been a staple of employee benefit programs. We can help you determine whether your business’s budget allows you to reward employees with bonuses this year.
In the current COVID-19 environment, some governmental entities that have not historically been required to have a Single Audit are finding themselves in the situation where one is needed this year due to the many federal assistance programs that have been put in place to deal with the pandemic. Some of these governments may not have fully addressed the grant management changes required when the Uniform Guidance became effective for periods beginning after December 26, 2014. As a refresher, in 2013, the U.S. Office of Management and Budget (OMB) issued “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” also known as the Uniform Guidance (UG), published in the Federal Register as 2 CFR 200. UG is essentially a government-wide framework for grants management that superseded and synthesized the guidance from earlier OMB Circulars such as A-87 and A-133.
Uniform Guidance requires (generally, there are exceptions) non-federal entities with over $750,000 in federal award expenditures in a fiscal year to have a Single Audit done for the period in which those awards were expended. The term “Single Audit” refers to the federal program compliance audit, which is performed concurrently with the financial statement audit.
Most of the changes that UG required were centered around documentation, in the form of formally adopted policies and written procedures, for various areas of grant management. This article is intended to give an overview of what those policy and procedure requirements are so they can be addressed before audit time.
The list of policies and procedures that follows below is not a comprehensive checklist of what UG requires but is intended to highlight those most important. Citations to the specific UG sections are provided, but please reach out to your Yeo & Yeo Government Services Group member for more detailed information or examples.
Formally Adopted Policy Requirements:
- Conflict of Interest (§200.138(c)) – maintaining written standards of conduct governing the actions of employees engaged in the selection, award, and administration of contracts.
- Procurement (§200.318(c)) – defines five types of procurement: micro-purchases, small purchases, sealed bids, competitive proposals, and sole source.
- Travel Reimbursement (§200.474(b)) – addresses reimbursement for costs incurred by employees or officials related to travel, lodging, subsistence while traveling, and incidental expenses.
- Fringe Benefits and Leave (§200.431(a) and (b)) – determining the allowability of costs charged to a federal award in the form of fringe benefits and leave time.
Written Procedure Requirements:
- Allowability of costs (§200.302(b)(7)) – determining the allowability of costs charged to a federal award. The procedures should be used to determine whether a cost is allowable under Subpart E (Cost Principles) of the Uniform Guidance.
- Allocation of compensation (§200.430) – includes the documentation of time charged to federal awards.
- Cash Management (§200.305) – minimizing the amount of time between the transfer of funds to the non-federal entity and the disbursement of funds. The procedure should also address how program income, if any, is handled before requesting federal funds.
- Equipment (§200.313(d)) – defines how equipment is titled, used, managed, and disposed of.
- Budget to Actual (§200.302(b)(5)) – documents the process for comparing actual expenditures to grant budget amounts.
- Safeguarding of Personally Identifiable Information (§200.303(3))
- Subrecipient Monitoring (§200.331) – pass-through entities should document their procedures for monitoring whether subrecipients performed in accordance with an award of federal funds.
Many people have Series EE savings bonds that were purchased many years ago. Perhaps they were given to your children as gifts or maybe you bought them yourself and put them away in a file cabinet or safe deposit box. You may wonder: How is the interest you earn on EE bonds taxed? And if they reach final maturity, what action do you need to take to ensure there’s no loss of interest or unanticipated tax consequences?
Fixed or variable interest
Series EE Bonds dated May 2005, and after, earn a fixed rate of interest. Bonds purchased between May 1997 and April 30, 2005, earn a variable market-based rate of return.
Paper Series EE bonds were sold at half their face value. For example, if you own a $50 bond, you paid $25 for it. The bond isn’t worth its face value until it matures. (The U.S. Treasury Department no longer issues EE bonds in paper form.) Electronic Series EE Bonds are sold at face value and are worth their full value when available for redemption.
The minimum term of ownership is one year, but a penalty is imposed if the bond is redeemed in the first five years. The bonds earn interest for 30 years.
Interest generally accrues until redemption
Series EE bonds don’t pay interest currently. Instead, the accrued interest is reflected in the redemption value of the bond. The U.S. Treasury issues tables showing the redemption values.
The interest on EE bonds isn’t taxed as it accrues unless the owner elects to have it taxed annually. If an election is made, all previously accrued but untaxed interest is also reported in the election year. In most cases, this election isn’t made so bond holders receive the benefits of tax deferral.
If the election to report the interest annually is made, it will apply to all bonds and for all future years. That is, the election cannot be made on a bond-by-bond or year-by-year basis. However, there’s a procedure under which the election can be canceled.
If the election isn’t made, all of the accrued interest is finally taxed when the bond is redeemed or otherwise disposed of (unless it was exchanged for a Series HH bond). The bond continues to accrue interest even after reaching its face value, but at “final maturity” (after 30 years) interest stops accruing and must be reported.
Note: Interest on EE bonds isn’t subject to state income tax. And using the money for higher education may keep you from paying federal income tax on your interest.
Reaching final maturity
One of the main reasons for buying EE bonds is the fact that interest can build up without having to currently report or pay tax on it. Unfortunately, the law doesn’t allow for this tax-free buildup to continue indefinitely. When the bonds reach final maturity, they stop earning interest.
Series EE bonds issued in January 1990 reached final maturity after 30 years, in January 2020. That means that not only have they stopped earning interest, but all of the accrued and as yet untaxed interest is taxable in 2020.
If you own EE bonds (paper or electronic), check the issue dates on your bonds. If they’re no longer earning interest, you probably want to redeem them and put the money into something more profitable. Contact us if you have any questions about savings bond taxation, including Series HH and Series I bonds.
© 2020
Owners of closely held corporations are often interested in easily withdrawing money from their businesses at the lowest possible tax cost. The simplest way is to distribute cash as a dividend. However, a dividend distribution isn’t tax-efficient, since it’s taxable to you to the extent of your corporation’s “earnings and profits.” And it’s not deductible by the corporation.
Other strategies
Fortunately, there are several alternative methods that may allow you to withdraw cash from a corporation while avoiding dividend treatment. Here are five strategies to consider:
- Capital repayments. To the extent that you’ve capitalized the corporation with debt, including amounts that you’ve advanced to the business, the corporation can repay the debt without the repayment being treated as a dividend. Additionally, interest paid on the debt can be deducted by the corporation. This assumes that the debt has been properly documented with terms that characterize debt and that the corporation doesn’t have an excessively high debt-to-equity ratio. If not, the “debt” repayment may be taxed as a dividend. If you make future cash contributions to the corporation, consider structuring them as debt to facilitate later withdrawals on a tax-advantaged basis.
- Compensation. Reasonable compensation that you, or family members, receive for services rendered to the corporation is deductible by the business. However, it’s also taxable to the recipient(s). This same rule applies to any compensation (in the form of rent) that you receive from the corporation for the use of property. In both cases, the compensation amount must be reasonable in terms of the services rendered or the value of the property provided. If it’s considered excessive, the excess will be a nondeductible corporate distribution.
- Loans. You can withdraw cash tax free from the corporation by borrowing money from it. However, to prevent having the loan characterized as a corporate distribution, it should be properly documented in a loan agreement or note. It should also be made on terms that are comparable to those in which an unrelated third party would lend money to you, including a provision for interest and principal. Also, consider what the corporation’s receipt of interest income will mean.
- Fringe benefits. You may want to obtain the equivalent of a cash withdrawal in fringe benefits, which aren’t taxable to you and are deductible by the corporation. Examples include life insurance, certain medical benefits, disability insurance and dependent care. Most of these benefits are tax-free only if provided on a nondiscriminatory basis to other corporation employees. You can also establish a salary reduction plan that allows you (and other employees) to take a portion of your compensation as nontaxable benefits, rather than as taxable compensation.
- Property sales. You can withdraw cash from the corporation by selling property to it. However, certain sales should be avoided. For example, you shouldn’t sell property to a more than 50%-owned corporation at a loss, since the loss will be disallowed. And you shouldn’t sell depreciable property to a more than 50%-owned corporation at a gain, since the gain will be treated as ordinary income, rather than capital gain. A sale should be on terms that are comparable to those in which an unrelated third party would purchase the property. You may need to obtain an independent appraisal to establish the property’s value.
Minimize taxes
If you’re interested in discussing any of these ideas, contact us. We can help you get the most out of your corporation at the lowest tax cost.
© 2020
The coming audit season might be much different than seasons of yore. As many companies continue to operate remotely during the COVID-19 pandemic, audit procedures are being adjusted accordingly. Here’s what might change as auditors work on your company’s 2020 year-end financial statements.
Eye on technology
Fortunately, when the pandemic hit, many accounting firms already had invested in staff training and technology to work remotely. For example, they were using cloud computing, remote access, videoconferencing software and drones with cameras. These technologies were intended to reduce business disruptions and costs during normal operating conditions. But they’ve also helped firms adapt while businesses are limiting face-to-face contact to prevent the spread of COVID-19.
When social distancing measures went into effect in the United States around mid-March, many calendar-year audits for 2019 were already done. As we head into the next audit season, be prepared for the possibility that most procedures — from year-end inventory observations to management inquiries and audit testing — to be performed remotely. Before the start of next year’s audit, discuss which technologies your audit team will be using to conduct inquiries, access and verify data, and perform testing procedures.
Emphasis on high-risk areas
During a remote audit, expect your accountant to target three critical areas to help minimize the risk of material misstatement:
- Internal controls. Historically, auditors have relied on the effectiveness of a client’s controls and testing of controls. Now, they must evaluate how transactions are being processed by employees who work remotely, rather than on-site as in prior periods. Specifically, your auditor will need to consider whether modified controls have been adequately designed and put into place and whether they’re operating effectively.
- Fraud and financial misstatement. During fieldwork, auditors interview key managers and those charged with governance about fraud risks. These inquiries are most effective when done in person, because auditors can read body language and, if more than one person is present during an interview, judge the dynamics in a room. Auditors may request video conferences to help overcome the shortcomings of inquiries done over the phone or via email.
- Physical inventory counts. Normally, auditors go where inventory is located and observe the counting process. They also perform independent test counts and check them against the inventory records. Depending on the COVID-19 situation at the time of an audit, auditors may be unable to travel to the company’s facilities, and employees might not be there physically to perform the counts. Drones, videoconferencing and live video feeds from a warehouse’s security cameras may be suitable alternatives to on-site observations.
Modified reports
In some cases, audit firms may be unable to perform certain procedures remotely, due to technology limitations or insufficient access to data needed to comply with all the requirements of the auditing standards. In those situations, your auditor might decide to issue a modified audit report with scope restrictions and limitations. Contact your CPA for more information about remote auditing and possible modifications to your company’s audit report.
© 2020
Many Americans receive disability income. You may wonder if — and how — it’s taxed. As is often the case with tax questions, the answer is … it depends.
The key factor is who paid for the benefit. If the income is paid directly to you by your employer, it’s taxable to you as ordinary salary would be. (Taxable benefits are also subject to federal income tax withholding, although depending on the employer’s disability plan, in some cases aren’t subject to the Social Security tax.)
Frequently, the payments aren’t made by the employer but by an insurance company under a policy providing disability coverage or, under an arrangement having the effect of accident or health insurance. If this is the case, the tax treatment depends on who paid for the coverage. If your employer paid for it, then the income is taxed to you just as if paid directly to you by the employer. On the other hand, if it’s a policy you paid for, the payments you receive under it aren’t taxable.
Even if your employer arranges for the coverage, (in other words, it’s a policy made available to you at work), the benefits aren’t taxed to you if you pay the premiums. For these purposes, if the premiums are paid by the employer but the amount paid is included as part of your taxable income from work, the premiums are treated as paid by you.
A couple of examples
Let’s say your salary is $1,000 a week ($52,000 a year). Additionally, under a disability insurance arrangement made available to you by your employer, $10 a week ($520 for the year) is paid on your behalf by your employer to an insurance company. You include $52,520 in income as your wages for the year: the $52,000 paid to you plus the $520 in disability insurance premiums. In this case, the insurance is treated as paid for by you. If you become disabled and receive benefits, they aren’t taxable income to you.
Now, let’s look at an example with the same facts as above. Except in this case, you include only $52,000 in income as your wages for the year because the amount paid for the insurance coverage qualifies as excludable under the rules for employer-provided health and accident plans. In this case, the insurance is treated as paid for by your employer. If you become disabled and receive benefits, they are taxable income to you.
Note: There are special rules in the case of a permanent loss (or loss of the use) of a part or function of the body, or a permanent disfigurement.
Social Security benefits
This discussion doesn’t cover the tax treatment of Social Security disability benefits. These benefits may be taxed to you under different rules.
How much coverage is needed?
In deciding how much disability coverage you need to protect yourself and your family, take the tax treatment into consideration. If you’re buying the policy yourself, you only have to replace your after tax, “take-home” income because your benefits won’t be taxed. On the other hand, if your employer pays for the benefit, you’ll lose a percentage to taxes. If your current coverage is insufficient, you may wish to supplement an employer benefit with a policy you take out.
Contact us if you’d like to discuss this in more detail.
© 2020
The IRS has announced its 2021 cost-of-living adjustments to tax amounts that might affect you. Many increased to account for inflation, but some remained at 2020 levels. As you implement 2020 year-end tax planning strategies, be sure to take these 2021 adjustments into account in your planning.
Also, keep in mind that, under the Tax Cuts and Jobs Act (TCJA), annual inflation adjustments are calculated using the chained consumer price index (also known as C-CPI-U). This increases tax bracket thresholds, the standard deduction, certain exemptions and other figures at a slower rate than was the case with the consumer price index previously used, potentially pushing taxpayers into higher tax brackets and making various breaks worth less over time. The TCJA adopted the C-CPI-U on a permanent basis.
Individual income taxes
Tax-bracket thresholds increase for each filing status but, because they’re based on percentages, they increase more significantly for the higher brackets. For example, the top of the 10% bracket increases by $75 to $150, depending on filing status, but the top of the 35% bracket increases by $3,125 to $6,250, again depending on filing status.
2021 ordinary-income tax brackets |
||||
Tax rate |
Single |
Head of household |
Married filing jointly or surviving spouse |
Married filing separately |
10% |
$0 – $9,950 |
$0 – $14,200 |
$0 – $19,900 |
$0 – $9,950 |
12% |
$9,951 – $40,525 |
$14,201 – $54,200 |
$19,901 – $81,050 |
$9,951 – $40,525 |
22% |
$40,526 – $86,375 |
$54,201 – $86,350 |
$81,051 – $172,750 |
$40,526 – $86,375 |
24% |
$86,376 – $164,925 |
$86,351 – $164,900 |
$172,751 – $329,850 |
$86,376 – $164,925 |
32% |
$164,926 – $209,425 |
$164,901 – $209,400 |
$329,851 – $418,850 |
$164,926 – $209,425 |
35% |
$209,426 – $523,600 |
$209,401 – $523,600 |
$418,851 – $628,300 |
$209,426 – $314,150 |
37% |
Over $523,600 |
Over $523,600 |
Over $628,300 |
Over $314,150 |
The TCJA suspended personal exemptions through 2025. However, it nearly doubled the standard deduction, indexed annually for inflation through 2025. For 2021, the standard deduction is $25,100 (married couples filing jointly), $18,800 (heads of households), and $12,550 (singles and married couples filing separately). After 2025, standard deduction amounts are scheduled to drop back to the amounts under pre-TCJA law.
Changes to the standard deduction could help some taxpayers make up for the loss of personal exemptions. But it might not help taxpayers who typically itemize deductions.
AMT
The alternative minimum tax (AMT) is a separate tax system that limits some deductions, doesn’t permit others and treats certain income items differently. If your AMT liability is greater than your regular tax liability, you must pay the AMT.
Like the regular tax brackets, the AMT brackets are annually indexed for inflation. For 2021, the threshold for the 28% bracket increased by $2,000 for all filing statuses except married filing separately, which increased by half that amount.
2021 AMT brackets |
||||
Tax rate |
Single |
Head of household |
Married filing jointly or surviving spouse |
Married filing separately |
26% |
$0 – $199,900 |
$0 – $199,900 |
$0 – $199,900 |
$0 – $99,950 |
28% |
Over $199,900 |
Over $199,900 |
Over $199,900 |
Over $99,950 |
The AMT exemptions and exemption phaseouts are also indexed. The exemption amounts for 2021 are $73,600 for singles and heads of households and $114,600 for joint filers, increasing by $700 and $1,200, respectively, over 2020 amounts. The inflation-adjusted phaseout ranges for 2021 are $523,600–$818,000 (singles and heads of households) and $1,047,200–$1,505,600 (joint filers). Amounts for separate filers are half of those for joint filers.
Education and child-related breaks
The maximum benefits of various education and child-related breaks generally remain the same for 2021. But most of these breaks are limited based on a taxpayer’s modified adjusted gross income (MAGI). Taxpayers whose MAGIs are within an applicable phaseout range are eligible for a partial break — and breaks are eliminated for those whose MAGIs exceed the top of the range.
The MAGI phaseout ranges generally remain the same or increase modestly for 2021, depending on the break. For example:
The American Opportunity credit. The phaseout ranges for this education credit (maximum $2,500 per eligible student) remain the same for 2021: $160,000–$180,000 for joint filers and $80,000–$90,000 for other filers.
The Lifetime Learning credit. The phaseout ranges for this education credit (maximum $2,000 per tax return) increase for 2021. They’re $119,000–$139,000 for joint filers and $59,000–$69,000 for other filers — up $1,000 for joint filers but the same as 2020 for others.
The adoption credit. The phaseout ranges for eligible taxpayers adopting a child will also increase for 2021 — by $2,140 to $216,660–$256,660 for joint, head-of-household and single filers. The maximum credit increases by $140, to $14,440 for 2021.
(Note: Married couples filing separately generally aren’t eligible for these credits.)
These are only some of the education and child-related breaks that may benefit you. Keep in mind that, if your MAGI is too high for you to qualify for a break for your child’s education, your child might be eligible to claim one on his or her tax return.
Gift and estate taxes
The unified gift and estate tax exemption and the generation-skipping transfer (GST) tax exemption are both adjusted annually for inflation. For 2021, the amount is $11.7 million (up from $11.58 million for 2020).
The annual gift tax exclusion remains at $15,000 for 2021. It’s adjusted only in $1,000 increments, so it typically increases only every few years. (It increased to $15,000 in 2018.)
Retirement plans
Not all of the retirement-plan-related limits increase for 2021. Thus, you may have limited opportunities to increase your retirement savings if you’ve already been contributing the maximum amount allowed:
Type of limitation |
2020 limit |
2021 limit |
Elective deferrals to 401(k), 403(b), 457(b)(2) and 457(c)(1) plans |
$19,500 |
$19,500 |
Annual benefit limit for defined benefit plans |
$230,000 |
$230,000 |
Contributions to defined contribution plans |
$57,000 |
$58,000 |
Contributions to SIMPLEs |
$13,500 |
$13,500 |
Contributions to IRAs |
$6,000 |
$6,000 |
“Catch-up” contributions to 401(k), 403(b), 457(b)(2) and 457(c)(1) plans for those age 50 and older |
$6,500 |
$6,500 |
Catch-up contributions to SIMPLEs |
$3,000 |
$3,000 |
Catch-up contributions to IRAs |
$1,000 |
$1,000 |
Compensation for benefit purposes for qualified plans and SEPs |
$285,000 |
$290,000 |
Minimum compensation for SEP coverage |
$600 |
$650 |
Highly compensated employee threshold |
$130,000 |
$130,000 |
Your MAGI may reduce or even eliminate your ability to take advantage of IRAs. Fortunately, IRA-related MAGI phaseout range limits all will increase for 2021:
Traditional IRAs. MAGI phaseout ranges apply to the deductibility of contributions if a taxpayer (or his or her spouse) participates in an employer-sponsored retirement plan:
- For married taxpayers filing jointly, the phaseout range is specific to each spouse based on whether he or she is a participant in an employer-sponsored plan:
- For a spouse who participates, the 2021 phaseout range limits increase by $1,000, to $105,000–$125,000.
- For a spouse who doesn’t participate, the 2021 phaseout range limits increase by $2,000, to $198,000–$208,000.
- For single and head-of-household taxpayers participating in an employer-sponsored plan, the 2021 phaseout range limits increase by $1,000, to $66,000–$76,000.
Taxpayers with MAGIs in the applicable range can deduct a partial contribution; those with MAGIs exceeding the applicable range can’t deduct any IRA contribution.
But a taxpayer whose deduction is reduced or eliminated can make nondeductible traditional IRA contributions. The $6,000 contribution limit (plus $1,000 catch-up if applicable and reduced by any Roth IRA contributions) still applies. Nondeductible traditional IRA contributions may be beneficial if your MAGI is also too high for you to contribute (or fully contribute) to a Roth IRA.
Roth IRAs. Whether you participate in an employer-sponsored plan doesn’t affect your ability to contribute to a Roth IRA, but MAGI limits may reduce or eliminate your ability to contribute:
- For married taxpayers filing jointly, the 2021 phaseout range limits increase by $2,000, to $198,000–$208,000.
- For single and head-of-household taxpayers, the 2021 phaseout range limits increase by $1,000, to $125,000–$140,000.
You can make a partial contribution if your MAGI falls within the applicable range, but no contribution if it exceeds the top of the range.
(Note: Married taxpayers filing separately are subject to much lower phaseout ranges for both traditional and Roth IRAs.)
Crunching the numbers
With the 2021 cost-of-living adjustment amounts inching slightly higher than 2020 amounts, it’s important to understand how they might affect your tax and financial situation. We’d be happy to help crunch the numbers and explain the best tax-saving strategies to implement based on the 2021 numbers.
© 2020
Unfortunately, the COVID-19 pandemic has forced many businesses to shut down. If this is your situation, we’re here to assist you in any way we can, including taking care of the various tax obligations that must be met.
Of course, a business must file a final income tax return and some other related forms for the year it closes. The type of return to be filed depends on the type of business you have. Here’s a rundown of the basic requirements.
Sole Proprietorships. You’ll need to file the usual Schedule C, “Profit or Loss from Business,” with your individual return for the year you close the business. You may also need to report self-employment tax.
Partnerships. A partnership must file Form 1065, “U.S. Return of Partnership Income,” for the year it closes. You also must report capital gains and losses on Schedule D. Indicate that this is the final return and do the same on Schedules K-1, “Partner’s Share of Income, Deductions, Credits, Etc.”
All Corporations. Form 966, “Corporate Dissolution or Liquidation,” must be filed if you adopt a resolution or plan to dissolve a corporation or liquidate any of its stock.
C Corporations. File Form 1120, “U.S. Corporate Income Tax Return,” for the year you close. Report capital gains and losses on Schedule D. Indicate this is the final return.
S Corporations. File Form 1120-S, “U.S. Income Tax Return for an S Corporation” for the year of closing. Report capital gains and losses on Schedule D. The “final return” box must be checked on Schedule K-1.
All Businesses. Other forms may need to be filed to report sales of business property and asset acquisitions if you sell your business.
Employees and contract workers
If you have employees, you must pay them final wages and compensation owed, make final federal tax deposits and report employment taxes. Failure to withhold or deposit employee income, Social Security and Medicare taxes can result in full personal liability for what’s known as the Trust Fund Recovery Penalty.
If you’ve paid any contractors at least $600 during the calendar year in which you close your business, you must report those payments on Form 1099-NEC, “Nonemployee Compensation.”
Other tax issues
If your business has a retirement plan for employees, you’ll want to terminate the plan and distribute benefits to participants. There are detailed notice, funding, timing and filing requirements that must be met by a terminating plan. There are also complex requirements related to flexible spending accounts, Health Savings Accounts, and other programs for your employees.
We can assist you with many other complicated tax issues related to closing your business, including Paycheck Protection Plan (PPP) loans, the COVID-19 employee retention tax credit, employment tax deferral, debt cancellation, use of net operating losses, freeing up any remaining passive activity losses, depreciation recapture, and possible bankruptcy issues.
We can advise you on the length of time you need to keep business records. You also must cancel your Employer Identification Number (EIN) and close your IRS business account.
If your business is unable to pay all the taxes it owes, we can explain the available payment options to you. Contact us to discuss these issues and get answers to any questions.
© 2020
From natural disasters and government shutdowns to cyberattacks and fraud, risks abound in today’s volatile, uncertain marketplace. While some level of risk is inevitable when operating a business, proactive owners and executives apply an enterprise risk management (ERM) framework to manage it more effectively. How effectively does your business manage risk?
Evolving framework
The Committee of Sponsoring Organizations of the Treadway Commission (COSO) was formed in July 1985 to combat fraudulent financial reporting. The panel is a joint initiative of the American Institute of Certified Public Accountants, Financial Executives International, Institute of Internal Auditors, American Accounting Association and Institute of Management Accountants.
COSO first published its Enterprise Risk Management — Integrated Framework in 2004. Companies aren’t generally required by law or regulations to apply an ERM framework. But they often choose to use COSO’s ERM framework to enhance their ability to manage uncertainty, consider how much risk to accept and improve understanding of opportunities as they strive to increase and preserve stakeholder value.
Through periodic updates, COSO aims to capture today’s best practices and help management attain better value from their ERM programs. The ERM framework was revamped in 2017 to address questions about how risk management should be incorporated with an organization’s management of its strategy. That update included five components: 1) governance and culture, 2) strategy and objective setting, 3) performance, 4) review and revision, and 5) information, communication and reporting.
The framework was modified again in 2018 to address sustainability issues. Specifically, COSO’s Guidance for Applying ERM to Environmental, Social and Governance (ESG)-related Risks highlights ESG risks, as well as opportunities to enhance resiliency as organizations confront new and developing risks, such as extreme weather events or product safety recalls.
In December 2019, COSO published Managing Cyber Risk in a Digital Age. This guidance addresses how companies can apply COSO’s framework to protect against cyberattacks. These attacks have been on the rise in 2020, in part, because people are increasingly reliant on the Internet for working, learning and interacting during the COVID-19 pandemic. And home networks tend to be more vulnerable to cyberattacks than in-office networks.
Broad scope
Many people are unclear what the term “ERM” means. ERM encompasses more than taking an inventory of risks — it’s an enterprise-wide process. Internal control is just one small part of ERM — it also may include, for example, strategy setting, governance, communicating with stakeholders and measuring performance. These principles apply at all business levels, across all functions and to organizations of any size.
The ERM framework is designed to help management anticipate risk so they can get ahead of it, with an understanding that change creates opportunities, not simply the potential for crises. In short, ERM helps increase positive outcomes and reduce negative surprises that come from risk-taking activities.
ERM in the new normal
Market conditions in 2020 have been unprecedented, and more uncertainty lies ahead. Our accounting professionals can help you identify and optimize risks. Contact us to discuss cost-effective ERM practices to make your business more resilient and responsive in the future.
© 2020
The subject of payroll has been top-of-mind for business owners this year. The COVID-19 pandemic triggered economic changes that caused considerable fluctuations in the size of many companies’ workforces. Employees have been laid off, furloughed and, in some cases, rehired. There has also been crisis relief for eligible businesses in the form of the Paycheck Protection Program and the payroll tax credit.
Payroll recordkeeping was important in the “old normal,” but it’s even more important now as businesses continue to navigate their way through a slowly recovering economy and ongoing public health crisis.
Four years
Most employers must withhold federal income, Social Security and Medicare taxes from their employees’ paychecks. As such, you must keep records relating to these taxes for at least four years after the due date of an employee’s personal income tax return (generally, April 15) for the year in which the payment was made. This is often referred to as the “records-in-general rule.”
These records include your Employer Identification Number, as well as your employees’ names, addresses, occupations and Social Security numbers. You should also keep for four years the total amounts and dates of payments of compensation and amounts withheld for taxes or otherwise — including reported tips and the fair market value of noncash payments.
In addition, track and retain the compensation amounts subject to withholding for federal income, Social Security and Medicare taxes, as well as the corresponding amounts withheld for each tax (and the date withheld if withholding occurred on a day different from the payment date). Where applicable, note the reason(s) why total compensation and taxable amount for each tax rate are different.
So much more
A variety of other data and documents fall under the records-in-general rule. Examples include:
- The pay period covered by each payment of compensation,
- Forms W-4, “Employee’s Withholding Allowance Certificate,” and
- Each employee’s beginning and ending dates of employment.
If your business involves customer tipping, you should retain statements provided by employees reporting tips received. Also carefully track fringe benefits provided to employees, including any required substantiation. Retain evidence of adjustments or settlements of taxes and amounts and dates of tax deposits.
Follow the records-in-general rule, too, for records relating to wage continuation payments made to employees by the employer or third party under an accident or health plan. Documentation should include the beginning and ending dates of the period of absence, and the amount and weekly rate of each payment (including payments made by third parties).
Last, keep copies of each employee’s Form W-4S, “Request for Federal Income Tax Withholding From Sick Pay,” and, where applicable, copies of Form 8922, “Third-Party Sick Pay Recap.”
Valuable information
Proper and comprehensive payroll recordkeeping has become even more critical — and potentially more complex — this year. Our firm can help review your processes in this area and identify improvements that will enable you to avoid compliance problems and make better use of this valuable information.
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When a couple is going through a divorce, taxes are probably not foremost in their minds. But without proper planning and advice, some people find divorce to be an even more taxing experience. Several tax concerns need to be addressed to ensure that taxes are kept to a minimum and that important tax-related decisions are properly made. Here are four issues to understand if you’re in the midst of a divorce.
Issue 1: Alimony or support payments. For alimony under divorce or separation agreements that are executed after 2018, there’s no deduction for alimony and separation support payments for the spouse making them. And the alimony payments aren’t included in the gross income of the spouse receiving them. (The rules are different for divorce or separation agreements executed before 2019.)
Issue 2: Child support. No matter when a divorce or separation instrument is executed, child support payments aren’t deductible by the paying spouse (or taxable to the recipient).
Issue 3: Your residence. Generally, if a married couple sells their home in connection with a divorce or legal separation, they should be able to avoid tax on up to $500,000 of gain (as long as they’ve owned and used the residence as their principal residence for two of the previous five years). If one spouse continues to live in the home and the other moves out (but they both remain owners of the home), they may still be able to avoid gain on the future sale of the home (up to $250,000 each), but special language may have to be included in the divorce decree or separation agreement to protect the exclusion for the spouse who moves out.
If the couple doesn’t meet the two-year ownership and use tests, any gain from the sale may qualify for a reduced exclusion due to unforeseen circumstances.
Issue 4: Pension benefits. A spouse’s pension benefits are often part of a divorce property settlement. In these cases, the commonly preferred method to handle the benefits is to get a “qualified domestic relations order” (QDRO). This gives one spouse the right to share in the pension benefits of the other and taxes the spouse who receives the benefits. Without a QDRO the spouse who earned the benefits will still be taxed on them even though they’re paid out to the other spouse.
More to consider
These are just some of the issues you may have to deal with if you’re getting a divorce. In addition, you must decide how to file your tax return (single, married filing jointly, married filing separately or head of household). You may need to adjust your income tax withholding and you should notify the IRS of any new address or name change. If you own a business, you may have to pay your spouse a share. There are also estate planning considerations. Contact us to help you work through the financial issues involved in divorce.
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Welcome to Everyday Business, Yeo & Yeo’s podcast. We’ve had the privilege of advising Michigan businesses for more than 95 years, and we want to share our knowledge with you.
Covering tax, accounting, technology, financial and advisory topics relevant to you and your business, Yeo & Yeo’s podcast is hosted by industry and subject matter professionals, where we go beyond the beans.
On episode six of Everyday Business, host David Jewell, tax partner in Kalamazoo, is joined by John Haag Sr., principal from Midland.
Listen in as David and John discuss individual and corporate/business tax topics surrounding the Presidential Election and the proposed tax changes from both sides.
- Individual income tax rates (5:00)
- Capital gains rates (10:16)
- Payroll taxes (15:30)
- Itemized deductions and tax credits for daycare, rent, and student loan forgiveness (23:34)
- Inheritance and estate tax (38:35)
- Corporate tax rate (46:36)
- Additional business tax proposals and deductions (57:20)
Thank you for tuning in to Yeo & Yeo’s Everyday Business Podcast. Yeo & Yeo’s podcast can be heard on Apple Podcasts, PodBean and, of course, our website. Please subscribe, rate and review.
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DISCLAIMER
The information provided in this podcast is believed to be valid and accurate on the date it was first published. The views, information, or opinions expressed during the podcast reflect the views of the speakers. This podcast does not constitute tax, accounting, legal or other business advice, or an advisor-client relationship. Before making any decision or taking action, consult with a professional regarding your specific circumstances.
Election years often lead to uncertainty for businesses, but 2020 surely takes the cake when it comes to unpredictability. Amid the chaos of the COVID-19 pandemic, the resulting economic downturn and civil unrest, businesses are on their yearly search for ways to minimize their tax bills — and realizing that some of the typical approaches aren’t necessarily well-suited for this year. On the other hand, several new opportunities have arisen thanks to federal tax relief legislation.
Quick refunds
Businesses facing cash flow crunches can take advantage of a provision in the CARES Act that accelerates the timeline for recovering unused alternative minimum tax (AMT) credits. The Tax Cuts and Jobs Act (TCJA) eliminated the corporate AMT but allowed businesses with unused credits to claim them incrementally in taxable years beginning in 2018 and through 2020.
Under the TCJA, for tax years beginning in 2018, 2019 and 2020, if AMT credit carryovers exceed regular tax liability, 50% of the excess is refundable, with any remaining credits fully refundable in 2021. But the CARES Act lets businesses claim all remaining credits in 2018 or 2019, opening the door to immediate 100% refunds for excess credits. Instead of amending a 2018 tax return to claim the credits, a business owner can file Form 1139, “Corporate Application for Tentative Refund,” by December 31, 2020.
The CARES Act also temporarily loosened the rules for net operating losses (NOLs). The TCJA limits the NOL deduction to 80% of taxable income and NOLs can’t be carried back. Now, NOLs arising in 2018, 2019 or 2020 can be carried back five years to claim refunds in previous tax years. No taxable income limitation applies for years beginning before 2021, meaning NOLs can completely offset income in those years.
Businesses can obtain even larger refunds by accelerating deductions into years when higher pre-TCJA tax rates were in effect (for example, a 35% corporate tax rate vs. 21% under the TCJA). Bear in mind, though, that carrying back NOLs can trigger a recalculation of other tax attributes and deductions, such as AMT credits and the research credit, often referred to as the “research and development,” “R&D,” or “research and experimentation” credit.
Capital assets purchases
Capital investments have long been a useful way to reduce income taxes, and the TCJA further juiced this technique by expanding bonus depreciation. And the CARES Act finally remedies a drafting error in the TCJA that left qualified improvement property (QIP), generally interior improvements to nonresidential real property, ineligible for bonus deprecation.
For qualified property purchased after September 27, 2017, and before January 1, 2023, businesses can deduct 100% of the cost of new and used (subject to certain conditions) qualified property in the first year the property is placed into service. Special rules apply to property with a longer production period.
Qualified property includes computer systems, purchased software, vehicles, machinery, equipment and office furniture. Beginning in 2023, the amount of the bonus depreciation deduction will fall 20% each year. Absent congressional action, the deduction will be eliminated in 2027.
Congress clearly intended for QIP that was placed in service after 2017 to qualify for 100% first-year bonus depreciation, but a drafting error prevented that favorable treatment. The CARES Act includes a technical correction to fix the problem. As a result, businesses that made qualified improvements in 2018 or 2019 can claim an immediate tax refund for the missed bonus depreciation.
Under the TCJA, Sec. 179 expensing (that is, deducting the entire cost) is available for several improvements to nonresidential real property, including roofs, HVAC, fire protection systems, alarm systems and security systems. The law also increases the maximum deduction for qualifying property. The 2020 limit is $1.04 million (the maximum deduction is limited to the amount of income from business activity). The expensing deduction begins phasing out on a dollar-for-dollar basis when qualifying property placed in service this year exceeds $2.59 million.
Business interest management
The TCJA generally has limited the deduction for business interest expense to 30% of adjusted taxable income (ATI). The CARES Act allows C- and S-corporations to deduct up to 50% of their ATI for the 2019 and 2020 tax years (special partnership rules apply for 2019).
It also permits businesses to elect to use their 2019 ATI, rather than 2020 ATI, for the calculation, which should increase the amount of the deduction for many businesses. Businesses should consider using accounting method changes to shift their business interest deductions from 2019 to 2020 to boost their 2019 ATI.
Income and expense timing
Businesses that haven’t expected to be in a higher tax bracket the following tax year have long deferred income and accelerated expenses to minimize taxable income. If the Democrats win the White House and the Senate, and retain the House of Representatives, tax rates could increase as soon as 2021. In that case, it could be advantageous to accelerate income into 2020, when it would be taxed at the lower current rates.
Even if tax rates don’t climb next year, companies of all kinds have seen downturns in business this year due to the far-reaching effects of the COVID-19 pandemic. Those that expect to be more profitable in 2021 may want to push their expense deductions past year-end to help offset profits.
Payroll tax deductions
A similar analysis applies to payroll tax deductions. The CARES Act allows businesses and self-employed individuals to delay their payments of the employer share (6.2% of wages) of the Social Security payroll tax. Such taxpayers can pay the tax over the next two years, with the first half due by December 31, 2021, and the second half due by December 31, 2022.
Sticking with those dates, however, will affect 2020 taxes. Businesses generally can’t deduct their share of payroll taxes until they actually make the payments. Certain businesses might find it more worthwhile to pay those taxes in 2020. This could, for example, increase the amount of NOLs they can carry back to higher tax-rate years.
Avoid missteps
Many of these taxing planning opportunities come with filing requirements, whether for amended tax returns, applications for changes in accounting method (IRS Form 3115) or applications for tentative refunds. In addition, some of these strategies could have a negative impact on taxpayers who claim the qualified business income deduction. We can help determine your best course forward and ensure you don’t miss any critical deadlines.
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Cash flow is a top concern for most businesses today. Cash flow forecasts can help you predict potential shortfalls and proactively address working capital gaps. They can also help avoid late payments, identify late-paying customers and find alternative sources of funding when cash is tight. To keep your company’s cash flow positive, consider applying these four best practices.
1. Identify peak needs
Many businesses are cyclical, and their cash flow needs may vary by month or season. Trouble can arise when an annual budget doesn’t reflect, for example, three months of peak production in the summer to fill holiday orders followed by a return to normal production in the fall.
For seasonal operations — such as homebuilders, farms, landscaping companies, recreational facilities and many nonprofits — using a one-size-fits-all approach can throw budgets off, sometimes dramatically. It’s critical to identify peak sales and production times, forecast your cash flow needs and plan accordingly.
2. Account for everything
Effective cash flow management requires anticipating and capturing every expense and incoming payment, as well as — to the greatest extent possible — the exact timing of each payable and receivable. But pinpointing exact costs and expenditures for every day of the week can be challenging.
Companies can face an array of additional costs, overruns and payment delays. Although inventorying all possible expenses can be a tedious and time-consuming exercise, it can help avoid problems down the road.
3. Seek sources of contingency funding
As your business expands or contracts, a dedicated line of credit with a bank can help meet your cash flow needs, including any periodic cash shortages. Interest rates on these credit lines can be comparatively high compared to other types of loans. So, lines of credit typically are used to cover only short-term operational costs, such as payroll and supplies. They also may require significant collateral and personal guarantees from the company’s owners.
4. Identify potential obstacles
For most companies, the biggest cash flow obstacle is slow collections from customers. Your business should invoice customers in a timely manner and offer easy, convenient ways for customers to pay (such as online bill pay). For new customers, it’s important to perform a thorough credit check to avoid delayed payments and write-offs.
Another common obstacle is poor resource management. Redundant machinery, misguided investments and oversize offices are just a few examples of poorly managed expenses and overhead that can negatively affect cash flow.
Adjusting as you grow and adapt
Your company’s cash flow needs today likely aren’t what they were three years ago — or even six months ago. And they’ll probably change as you continue to adjust to the new normal. That’s why it’s important to make cash flow forecasting an integral part of your overall business planning. We can help.
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