Why do Partners Sometimes Report More Income on Tax Returns Than They Receive in Cash?

If you’re a partner in a business, you may have come across a situation that gave you pause. In a given year, you may be taxed on more partnership income than was distributed to you from the partnership in which you’re a partner.

Why is this? The answer lies in the way partnerships and partners are taxed. Unlike regular corporations, partnerships aren’t subject to income tax. Instead, each partner is taxed on the partnership’s earnings — whether or not they’re distributed. Similarly, if a partnership has a loss, the loss is passed through to the partners. (However, various rules may prevent a partner from currently using his share of a partnership’s loss to offset other income.)

Separate entity

While a partnership isn’t subject to income tax, it’s treated as a separate entity for purposes of determining its income, gains, losses, deductions and credits. This makes it possible to pass through to partners their share of these items.

A partnership must file an information return, which is IRS Form 1065. On Schedule K of Form 1065, the partnership separately identifies income, deductions, credits and other items. This is so that each partner can properly treat items that are subject to limits or other rules that could affect their correct treatment at the partner’s level. Examples of such items include capital gains and losses, interest expense on investment debts and charitable contributions. Each partner gets a Schedule K-1 showing his or her share of partnership items.

Basis and distribution rules ensure that partners aren’t taxed twice. A partner’s initial basis in his partnership interest (the determination of which varies depending on how the interest was acquired) is increased by his share of partnership taxable income. When that income is paid out to partners in cash, they aren’t taxed on the cash if they have sufficient basis. Instead, partners just reduce their basis by the amount of the distribution. If a cash distribution exceeds a partner’s basis, then the excess is taxed to the partner as a gain, which often is a capital gain.

Here’s an example

Two individuals each contribute $10,000 to form a partnership. The partnership has $80,000 of taxable income in the first year, during which it makes no cash distributions to the two partners. Each of them reports $40,000 of taxable income from the partnership as shown on their K-1s. Each has a starting basis of $10,000, which is increased by $40,000 to $50,000. In the second year, the partnership breaks even (has zero taxable income) and distributes $40,000 to each of the two partners. The cash distributed to them is received tax-free. Each of them, however, must reduce the basis in his partnership interest from $50,000 to $10,000.

Other rules and limitations

The example and details above are an overview and, therefore, don’t cover all the rules. For example, many other events require basis adjustments and there are a host of special rules covering noncash distributions, distributions of securities, liquidating distributions and other matters.

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When Congress authorized an additional $600 in monthly unemployment benefits as part of the CARES Act, out-of-work Americans weren’t the only ones it helped. Criminals have descended like locusts on state unemployment insurance agencies, using stolen identities to fraudulently claim both standard benefits and the additional funds administered by the Pandemic Unemployment Assistance (PUA) program. States have lost hundreds of millions of dollars. Individuals have also suffered, as government efforts to control fraud have clogged up benefit systems and delayed payments to the jobless.

States struggle

Washington state was the first to experience a COVID-19 outbreak and has since estimated losses of $650 million to unemployment insurance fraud. According to the Secret Service, a scam was detected when someone noticed that multiple direct deposits of benefits had been made to individuals residing out of state. These deposits were subsequently transferred overseas — likely by organized crime gangs.

But Washington is hardly alone. Many other states have discovered fraud. In May, Rhode Island’s labor agency reported that it had almost as many illegitimate unemployment insurance claims as legitimate ones. And widescale fraud in Michigan forced that state to stop payment on nearly 20% of unemployment claims pending review.

Fighting back

If you’re currently employed and receive an unemployment benefit check or debit card or a letter confirming an application for unemployment benefits, immediately contact your state. If you can’t get ahold of your state agency (a problem encountered by thousands of potential fraud victims), report your suspicions to police and the Federal Trade Commission (FTC) at identitytheft.gov. Your identity has likely been stolen and sold to criminals on the dark web. Be sure to request copies of your credit reports and review them for illegitimate activity.

Businesses can help fight unemployment insurance fraud, too. The FTC suggests that companies:

• Ask employees to speak up if they suspect their identities are being used to perpetrate unemployment insurance fraud, 
• Direct HR to flag state unemployment agency notices about currently employed workers,
• Report suspected fraud to a state agency — preferably via its website,
• Provide a copy of the documentation to affected employees and let them know if the state requires them to also make a report,
• Bolster cybersecurity to prevent the loss of personal data that could be used to commit fraud.

This last tip is particularly important if your employees currently are working from home.

An easy target

The pandemic has probably unleashed more fraud activity than any other recent event. Even though PUA program payments were due to expire on July 25, state unemployment benefits are too easy and lucrative a target for fraudsters to pass up. But you can do your part to help disrupt these schemes.

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This week, the Michigan Economic Development Corporation announced the MEDC Small Farm Safety Grant Program that will award $1.25 million in grants to Michigan farms with fewer than 10 employees to fund COVID-19 mitigation costs. This program accompanies the Agriculture Safety Grant program, which uses federal CARES Act funding of $15 million to award grants to farms and agricultural processors with 10 or more employees.

Farms may use the MEDC Small Farm Safety Grants for COVID-19 testing costs, personal protection equipment, facility needs, increased sanitation costs, employee training, upgraded safety procedures for farm-provided housing and more.

For grant criteria, eligible expenditures, Frequently Asked Questions and a grant application, refer to the MEDC’s Small Farm Safety Grant Program.

If you have questions or need assistance, contact your local Yeo & Yeo Agribusiness Services Group professional.

A widely circulated article about the COVID-19 pandemic, written by author Tomas Pueyo in March, described efforts to cope with the crisis as “the hammer and the dance.” The hammer was the abrupt shutdown of most businesses and institutions; the dance is the slow reopening of them — figuratively tiptoeing out to see whether day-to-day life can return to some semblance of normality without a dangerous uptick in infections.

Many business owners are now engaged in the dance. “Reopening” a company, even if it was never completely closed, involves grappling with a variety of concepts. This is a new kind of strategic planning that will test your patience and savvy but may also lead to a safer, leaner and better-informed business.

When to move forward

The first question, of course, is when. That is, what are the circumstances and criteria that will determine when you can safely reopen or further reopen your business. Most professionals agree that you should base this decision on scientific data and official guidance from agencies such as the U.S. Department of Health and Human Services and Centers for Disease Control and Prevention (CDC).

But don’t stop there. Although the pandemic is, by definition, a worldwide issue, the specific situation on the ground in your locality should drive your decision-making. Keep tabs on state, county and municipal news, rules and guidance. Plug into your industry’s professionals as well. Establish strategies for expanding operations or, if necessary, contracting them, based on the latest information.

Testing and working safely

Running a company in today’s environment entails refocusing on people. If employees are unsafe, your business will likely suffer at some point soon. Every company that must or chooses to have workers on-site (as opposed to working remotely) needs to consider the concept of COVID-19 testing.

Employers are generally allowed to test employees, but there are dangers in violating privacy laws or inadvertently exposing the company to discrimination claims. The CDC has said that routine testing will likely pass muster “if these goals are consistent with employer-based occupational medical surveillance programs” and “have a reasonable likelihood of benefitting workers.” Consult your attorney, however, before implementing any testing initiative.

There’s also the matter of working safely. If you haven’t already, look closely at the layout of your offices or facilities to determine the feasibility of social distancing. Re-evaluate sanitation procedures and ventilation infrastructure, too. You may need to invest, or continue investing, in additional personal protective equipment and items such as plastic screens to separate workers from customers or each other. It might also be necessary or advisable to procure or upgrade the technology that enables employees to work remotely.

Move forward cautiously

No one wanted to do this dance, but business owners must continue moving forward as cautiously and prudently as possible. While you do so, don’t overlook the opportunity to identify long-term strategies to run your company more efficiently and profitably. We can help you make well-informed decisions based on sound financial analyses and realistic projections.

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Technical jargon is fun for the .005% that care about it, but what about for the rest of us? These terms can trip up the most savvy business owner, and cloud phone features are no exception. If you’re looking to switch from your on-premises phone system to a new cloud business phone, our business glossary simplifies these tech terms.

You’ll learn:

• The difference between a “digital receptionist” and “auto-attendant”
• Why you’ll want to pay attention to your presence indicator
• How “call flip” and “call park” compare

Download “The Business Owner’s Phone System Features Cheat Sheet” today and ease your transition to cloud phones.

We want your business to continue operating effectively during these uncertain times and believe these tools and resources can help. Contact us to get started today at 989.797.4075.

The State of Michigan allocated $100 million of CARES Act funding to implement the Michigan Small Business Restart Program to support the needs of businesses directly impacted by COVID-19.

The funds will be administered by 15 local economic development organizations to support small businesses in all Michigan counties. At least 30% of the funds will be awarded to eligible women-owned, minority-owned or veteran-owned businesses.

The program will provide grants to eligible small businesses that need working capital to support payroll expenses, rent, mortgage payments, utility expenses or other similar expenses.

• Businesses and nonprofits with 50 or fewer employees (not FTEs) are eligible.
• Grants must be used for expenditures made between March 1, 2020, and December 30, 2020.
• Applications are due August 5, 2020. Applicants can apply for up to $20,000 in grant funds.

Refer to the Michigan Small Business Restart Program on the MEDC website for eligibility requirements, program guidelines, the application questions, a grant application, and Frequently Asked Questions.

If you have any questions about the grants, contact the MEDC Customer Care Center at (888) 522-0103 or send an email to medceconomic@michigan.org. Contact your Yeo & Yeo professional if you need assistance.

During the COVID-19 pandemic, many small businesses are strapped for cash. They may find it beneficial to barter for goods and services instead of paying cash for them. If your business gets involved in bartering, remember that the fair market value of goods that you receive in bartering is taxable income. And if you exchange services with another business, the transaction results in taxable income for both parties.

For example, if a computer consultant agrees to exchange services with an advertising agency, both parties are taxed on the fair market value of the services received. This is the amount they would normally charge for the same services. If the parties agree to the value of the services in advance, that will be considered the fair market value unless there is contrary evidence.

In addition, if services are exchanged for property, income is realized. For example, if a construction firm does work for a retail business in exchange for unsold inventory, it will have income equal to the fair market value of the inventory. Another example: If an architectural firm does work for a corporation in exchange for shares of the corporation’s stock, it will have income equal to the fair market value of the stock. 

Joining a club

Many businesses join barter clubs that facilitate barter exchanges. In general, these clubs use a system of “credit units” that are awarded to members who provide goods and services. The credits can be redeemed for goods and services from other members.

Bartering is generally taxable in the year it occurs. But if you participate in a barter club, you may be taxed on the value of credit units at the time they’re added to your account, even if you don’t redeem them for actual goods and services until a later year. For example, let’s say that you earn 2,000 credit units one year, and that each unit is redeemable for $1 in goods and services. In that year, you’ll have $2,000 of income. You won’t pay additional tax if you redeem the units the next year, since you’ve already been taxed once on that income.

If you join a barter club, you’ll be asked to provide your Social Security number or employer identification number. You’ll also be asked to certify that you aren’t subject to backup withholding. Unless you make this certification, the club will withhold tax from your bartering income at a 24% rate.

Forms to file

By January 31 of each year, a barter club will send participants a Form 1099-B, “Proceeds from Broker and Barter Exchange Transactions,” which shows the value of cash, property, services and credits that you received from exchanges during the previous year. This information will also be reported to the IRS.

Many benefits

By bartering, you can trade away excess inventory or provide services during slow times, all while hanging onto your cash. You may also find yourself bartering when a customer doesn’t have the money on hand to complete a transaction. As long as you’re aware of the federal and state tax consequences, these transactions can benefit all parties. Contact us if you need assistance or would like more information.

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The school year ended with many districts experiencing changes to their food service distribution programs. The following are a few impacts those changes may have on your 2020 audit and the 2021 school year.

• We encourage districts to make sure they have all the documentation in place to have successful administrative reviews. All new Summer Food Service Program sponsors will be subject to a review. The focus of the administrative reviews will be on menu, production records, daily meal count sheets, and monthly claims.
• Keep in mind that the Unanticipated School Closure Summer Food Service Program (USCSFSP) meals ended June 30, 2020. After that, claims will be related to the Summer Food Service Program.
• The USCSFSP caused many districts to have an increase in Child Nutrition revenue. Estimate and evaluate your federal revenue as early as possible to determine any impact an increase may have had on your need for a single audit and which major programs may need to be tested for your June 30, 2020, audit. Conversely, if your district saw a significant decline in Child Nutrition revenue, consider any impact on your major programs.

We have seen many other changes related to federal programs for the 2021 school year, and we are here to help you navigate those changes any way we can. Please reach out to your Yeo & Yeo professionals for assistance.

Ideally, your organization should have standard procedures to remove employee access to the organization’s virtual environment upon termination, including banking, remote access to software and files, debit or credit card information, and various websites. However, there may be other changes at the organization that would necessitate removing or reducing access, such as demotions, transfers to different offices or departments, changes in how information is stored, etc.

A good control to help manage IT access – secondary to the standard procedures – would be to periodically view the access rights for this information and make any changes as necessary. This could be accomplished with a recurring calendar reminder and documented with a simple memo.

One of the great advantages of being a nonprofit organization (NPO) is that the organization avoids paying income taxes in many situations. However, tax can apply at certain times in the form of unrelated business income tax (UBIT). If you are not familiar with the UBIT regulations, the time to evaluate your NPO’s activities is now!

An important concept to understand is that the evaluation of applying UBIT is focused on how the income is earned, not how it is ultimately used. Therefore, the idea that the income is being used solely to support your mission is not a legitimate way to avoid paying UBIT.

In general, UBIT applies when all three of the following criteria are met:

1. The income is from a trade or business. Generally, this means an activity conducted for the production of income with the intent to profit.
2. The trade or business is regularly conducted.
3. The trade or business is not substantially related to the performance of the NPO’s exempt function or purpose. It is noteworthy that ‘substantially related’ isn’t clearly defined by the IRS and an evaluation will need to be performed to arrive at a supportable conclusion.

As is the case with many laws and regulations, exceptions to rules and less common situational elements always apply. Further research or consultation with your CPA will be essential to ensure compliance. Several common exceptions to the three criteria above are:

1. The activity is carried out by substantially all volunteer labor.
2. The activity is for the convenience of an organization’s members.
3. The goods sold were donated merchandise.
4. The operation of certain bingo games are allowed under certain circumstances.

Other forms of income are specifically excluded as being passive, such as interest and dividends, royalties, rental income from real property that is not debt-financed, and gains on the sale of investment assets. Again, there are also exceptions to these exclusions.

Some income streams that are more common to nonprofit organizations that are subject to UBIT are debt-financed rental income, income received for placing advertisements in publications or at special events, income from partnerships or S-corporations, and administrative or business services provided to others. Many other activities must be considered as well.
Recently, the IRS released new regulations concerning UBIT. Under the old rules, organizations could take the gross income of all unrelated trades or businesses and offset it with allowable deductions from all unrelated trades or businesses, whereas the new rules require organizations to ‘silo’ the revenue and expenses for each trade or business separately. This new methodology will directly affect the amount of any UBIT that may be due each year.

We encourage you to evaluate your NPO’s activities and evaluate whether any may be subject to UBIT, even if the activity may seem insignificant. Yeo & Yeo’s Nonprofit Services Group would be happy to help you reach a conclusion regarding compliance with UBIT regulations.

The words “external audit” are often met with dread. However, it doesn’t have to be that way! Selecting the right auditor for your government entity can seem like a long road; however, the benefits of researching and selecting the external auditor that meets your needs while being cost-effective heavily outweigh the time it takes to review the options thoroughly.

Typically, government entities rely on their external auditors for much more than just the actual audit at year-end. Non-attest services performed by external auditors, such as maintaining capital asset depreciation schedules, often require communication and interaction throughout the year. This interaction puts a lot of pressure on a government to select the right external auditor that will not only deliver a quality audit that complies with all laws and regulations but also one that works well with the government’s finance and treasury departments.

Consider several key areas when selecting an external auditor that will help to ensure a smooth and stress-free audit: industry knowledge, use of technology, and the reputation of the audit firm while balancing fees.

Industry knowledge
Industry-specific knowledge is critical, especially in accounting and finance. Governments have many external compliance requirements that are unique and therefore require special procedures. Examples include the submission of several reports, including the annual audit, to the State by the deadlines, and various policies that must be approved by the government’s governing board. All of these are items that external auditors who are well-versed in the governmental accounting field will specifically verify. Non-compliance with laws and regulations can result in findings that must be reported to the Department of Treasury with the annual audit. Avoiding non-compliance is imperative as the Department of Treasury, depending on the degree of the non-compliance, can withhold funding, which has the potential to be detrimental to the government’s operations as cash flows are often tight.

Use of technology
The use of technology by a prospective external auditor is another critical item to think about. The ability to work efficiently and effectively remotely has become a necessity as the COVID-19 pandemic continues. Governments need to consider an external audit firm’s use and extent of technology to ensure that information is shared and communicated securely and efficiently. The use of internet-based portals and the safety measures a prospective audit firm has in place to protect the government’s information should be a priority during the selection process.

Reputation and price
Finally, a government should research external audit firms thoroughly before signing a contract to ensure they are reputable and within the government entity’s financial means. Just like governments, external audit firms vary significantly in size, which can affect the cost of services. Balancing quality and price are important considerations; however, more expensive does not necessarily mean better in the realm of auditing. Reviewing current client testimonials on an audit firm’s website is an excellent way to gauge a firm’s reputation. For example, if a firm has no client testimonials, this could potentially be a red flag that they are not reputable.

While external audits are a necessity at year-end, a good business relationship with your external auditor can offer a variety of additional guidance and support on various accounting issues as they arise throughout the year. External auditors have resources that they share with clients that may otherwise be out of reach, especially for small governments, such as guidance on new accounting standards. Consistent communication with your external auditor on pain points as they arise will help to set up your government for a worry-free, smooth annual audit.

Soon you will receive, or you may have already received, a letter from the Michigan Department of Treasury titled “ESA – Statement/Payment Reminder.” This letter is related to your organization’s personal property tax return that was filed with the State in January or February 2020. Please be aware that this letter is legitimate and the taxes assessed will be accurate given that a personal property tax return was, in fact, timely filed on your behalf. The taxes have been assessed by your local assessor based on the cost of personal property held at your organization’s address.

When you receive the letter, please follow the steps within to log in to your MTO account and pay the amount due by August 15, 2020. If you have any questions, please contact us.

Yeo & Yeo CPAs & Business Consultants was selected by the readers of Great Lakes Bay Magazine as Greatest of the Great Lakes Bay in Accounting for the second consecutive year.

Each year, Great Lakes Bay Magazine invites its readers to select the best of the best in the Great Lakes Bay Region. Readers can vote for their favorite business in categories including restaurants, home improvement, shopping, health, and services. 2019 is the first year that readers could vote for local businesses in the accounting category.

“We are always humbled by the recognition we receive for being passionate about giving exceptional client service and helping our clients to thrive, ”said Tom Hollerback, President & CEO. “All of the credit goes to our employees who share a common culture of exceeding client expectations.”

For 97 years, individuals in the Great Lakes Bay Region have trusted Yeo & Yeo with their business. It is the community’s continued support that allows the firm to provide outstanding business solutions. In addition to accounting services, Yeo & Yeo and its companies have created a strong network of professionals who are a complete resource for their clients.

Many business owners — particularly those who own smaller companies — spend so much time trying to eliminate weaknesses that they never fully capitalize on their strengths. One way to do so is to identify and explicate your unique selling proposition (USP).

Give it some thought

In a nutshell, a USP states why customers should buy your product or service rather than a similar one offered by a competitor. A USP might be rather obvious if you offer a type of state-of-the-art technology or specialize in a certain kind of service that’s not widely available. Many businesses, however, will need to dedicate some serious thought and discussion to identifying their USP — and they may need to do so every year or two to adapt to market changes.

Ask the right questions

Involve employees from every level of your company in brainstorming sessions to develop your USP. During these meetings, consider the answers to questions such as:

• What makes our products or services distinctive?
• What aspect of our business is most important to its growth?
• Which elements of what we do are the most difficult for competitors to copy?
• Why should customers buy from us instead of the competition?

As you might have noticed, knowledge of your competitors is critical to developing a strong USP. You can’t differentiate your business from theirs unless you’re familiar with what competitors are selling, how they sell their products or services, and how they support those sales in terms of customer service. To this end, you may need to undertake some “competitive intelligence” efforts to gather needed information.

Integrate it into the sales process

Your USP should be a powerful, concise statement that customers and prospects will immediately understand and recognize as fulfilling their wants or needs. Among the most commonly cited examples is package delivery giant FedEx’s “When it absolutely, positively has to be there overnight.” Although the company doesn’t use this slogan anymore, it remains a perfect example of a USP that’s clear and memorable.

Of course, your USP must be more than just words. Once established, it should serve as a sort of “mantra” for your sales team. That is, after identifying your customers’ needs during the sales process, they should use the USP (or an iteration of it) to explain to customers why your product or service is the right choice. Just be careful not to overuse your USP in sales and marketing materials, including on your website.

Now may be the time

Given the monumental changes that have occurred in the U.S. economy and in many industries because of the COVID-19 pandemic, now may be an imperative time to reconsider and relaunch your USP. We can help you evaluate your sales numbers, as well as return on investment in marketing efforts, to carefully craft the right approach.

© 2020

There’s a new IRS form for business taxpayers that pay or receive nonemployee compensation.

Beginning with tax year 2020, payers must complete Form 1099-NEC, Nonemployee Compensation, to report any payment of $600 or more to a payee.

Why the new form?

Prior to 2020, Form 1099-MISC was filed to report payments totaling at least $600 in a calendar year for services performed in a trade or business by someone who isn’t treated as an employee. These payments are referred to as nonemployee compensation (NEC) and the payment amount was reported in box 7.

Form 1099-NEC was reintroduced to alleviate the confusion caused by separate deadlines for Form 1099-MISC that report NEC in box 7 and all other Form 1099-MISC for paper filers and electronic filers. The IRS announced in July 2019 that, for 2020 and thereafter, it will reintroduce the previously retired Form 1099-NEC, which was last used in the 1980s.

What businesses will file?

Payers of nonemployee compensation will now use Form 1099-NEC to report those payments.

Generally, payers must file Form 1099-NEC by January 31. For 2020 tax returns, the due date will be February 1, 2021, because January 31, 2021, is on a Sunday. There’s no automatic 30-day extension to file Form 1099-NEC. However, an extension to file may be available under certain hardship conditions.

Can a business get an extension?

Form 8809 is used to file for an extension for all types of Forms 1099, as well as for other forms. The IRS recently released a draft of Form 8809. The instructions note that there are no automatic extension requests for Form 1099-NEC. Instead, the IRS will grant only one 30-day extension, and only for certain reasons.

Requests must be submitted on paper. Line 7 lists reasons for requesting an extension. The reasons that an extension to file a Form 1099-NEC (and also a Form W-2, Wage and Tax Statement) will be granted are:

• The filer suffered a catastrophic event in a federally declared disaster area that made the filer unable to resume operations or made necessary records unavailable.
• A filer’s operation was affected by the death, serious illness or unavoidable absence of the individual responsible for filing information returns.
• The operation of the filer was affected by fire, casualty or natural disaster.
• The filer was “in the first year of establishment.”
• The filer didn’t receive data on a payee statement such as Schedule K-1, Form 1042-S, or the statement of sick pay required under IRS regulations in time to prepare an accurate information return.

Need help?

If you have questions about filing Form 1099-NEC or any tax forms, contact us. We can assist you in staying in compliance with all rules.

© 2020

Yeo & Yeo CPAs & Business Consultants is pleased to announce the promotion of three associates.

Daniel Beard, CPA, has been promoted to Manager. Beard, a graduate of Eastern Michigan University, holds a Master of Science in Accounting and a Bachelor of Business Administration. He joined Yeo & Yeo in 2014 and specializes in audit and assurance services, with an emphasis on government, education, and nonprofit clients. He is a member of the American Institute of Certified Public Accountants and the Michigan Association of Certified Public Accountants. In the community, Beard is enrolled in the Leadership A2Y program.

Brian Essenmacher, CPA, has been promoted to Manager. Essenmacher joined Yeo & Yeo in 2017 and specializes in audit and assurance services with an emphasis on government, education, and nonprofit clients. He holds a Bachelor of Professional Accountancy from Northwood University and is a member of the Michigan Association of Certified Public Accountants and the American Institute of Certified Public Accountants. In the community, Essenmacher serves on the finance committee at St. Mark Church and volunteers with several nonprofits across Genesee County.

Mike Rolka, CPA, CGFM, has been promoted to Senior Manager and transferred to the firm’s Auburn Hills office effective July 1. Rolka brings experience in audit services for government and education clients to southeast Michigan. He is a Certified Government Financial Manager and a member of the firm’s Government Services Group. He holds a Bachelor of Professional Accountancy from Saginaw Valley State University and is a member of the Michigan Association of Certified Public Accountants and the American Institute of Certified Public Accountants. In the community, Rolka is a member of the Saginaw Valley Young Professionals Network.

The tax filing deadline for 2019 tax returns has been extended until July 15 this year, due to the COVID-19 pandemic. After your 2019 tax return has been successfully filed with the IRS, there may still be some issues to bear in mind. Here are three considerations.

1. Some tax records can now be thrown away

You should keep tax records related to your return for as long as the IRS can audit your return or assess additional taxes. In general, the statute of limitations is three years after you file your return. So you can generally get rid of most records related to tax returns for 2016 and earlier years. (If you filed an extension for your 2016 return, hold on to your records until at least three years from when you filed the extended return.)

However, the statute of limitations extends to six years for taxpayers who understate their gross income by more than 25%.

You’ll need to hang on to certain tax-related records longer. For example, keep the actual tax returns indefinitely, so you can prove to the IRS that you filed a legitimate return. (There’s no statute of limitations for an audit if you didn’t file a return or you filed a fraudulent one.)

When it comes to retirement accounts, keep records associated with them until you’ve depleted the account and reported the last withdrawal on your tax return, plus three (or six) years. And retain records related to real estate or investments for as long as you own the asset, plus at least three years after you sell it and report the sale on your tax return. (You can keep these records for six years if you want to be extra safe.)

2. You can check up on your refund

The IRS has an online tool that can tell you the status of your refund. Go to irs.gov and click on “Get Your Refund Status” to find out about yours. You’ll need your Social Security number, filing status and the exact refund amount.

3. You can file an amended return if you forgot to report something

In general, you can file an amended tax return and claim a refund within three years after the date you filed your original return or within two years of the date you paid the tax, whichever is later. So for a 2019 tax return that you file on July 15, 2020, you can generally file an amended return until July 15, 2023.

However, there are a few opportunities when you have longer to file an amended return. For example, the statute of limitations for bad debts is longer than the usual three-year time limit for most items on your tax return. In general, you can amend your tax return to claim a bad debt for seven years from the due date of the tax return for the year that the debt became worthless.

We can help

Contact us if you have questions about tax record retention, your refund or filing an amended return. We’re not just available at tax filing time — we’re here all year!

© 2020

If you own or manage a business with employees, you may be at risk for a severe tax penalty. It’s called the “Trust Fund Recovery Penalty” because it applies to the Social Security and income taxes required to be withheld by a business from its employees’ wages.

Because the taxes are considered property of the government, the employer holds them in “trust” on the government’s behalf until they’re paid over. The penalty is also sometimes called the “100% penalty” because the person liable and responsible for the taxes will be penalized 100% of the taxes due. Accordingly, the amounts IRS seeks when the penalty is applied are usually substantial, and IRS is very aggressive in enforcing the penalty.

Far-reaching penalty

The Trust Fund Recovery Penalty is among the more dangerous tax penalties because it applies to a broad range of actions and to a wide range of people involved in a business.

Here are some answers to questions about the penalty so you can safely stay clear of it.

Which actions are penalized? The Trust Fund Recovery Penalty applies to any willful failure to collect, or truthfully account for, and pay over Social Security and income taxes required to be withheld from employees’ wages.

Who is at risk? The penalty can be imposed on anyone “responsible” for collection and payment of the tax. This has been broadly defined to include a corporation’s officers, directors and shareholders under a duty to collect and pay the tax as well as a partnership’s partners, or any employee of the business with such a duty. Even voluntary board members of tax-exempt organizations, who are generally excepted from responsibility, can be subject to this penalty under certain circumstances. In addition, in some cases, responsibility has been extended to family members close to the business, and to attorneys and accountants.

IRS says responsibility is a matter of status, duty and authority. Anyone with the power to see that the taxes are (or aren’t) paid may be responsible. There’s often more than one responsible person in a business, but each is at risk for the entire penalty. Although a taxpayer held liable can sue other responsible people for contribution, this is an action he or she must take entirely on his or her own after he or she pays the penalty. It isn’t part of the IRS collection process.

Here’s how broadly the net can be cast: You may not be directly involved with the payroll tax withholding process in your business. But if you learn of a failure to pay over withheld taxes and have the power to pay them but instead make payments to creditors and others, you become a responsible person.

What’s considered “willful?” For actions to be willful, they don’t have to include an overt intent to evade taxes. Simply bending to business pressures and paying bills or obtaining supplies instead of paying over withheld taxes that are due the government is willful behavior. And just because you delegate responsibilities to someone else doesn’t necessarily mean you’re off the hook. Your failure to take care of the job yourself can be treated as the willful element.

Avoiding the penalty

You should never allow any failure to withhold and any “borrowing” from withheld amounts — regardless of the circumstances. All funds withheld must also be paid over to the government. Contact us for information about the penalty and making tax payments.

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The COVID-19 crisis is affecting not only the way many businesses operate, but also how they assess productivity. How can you tell whether you’re getting enough done when so much has changed? There’s no easy, one-size-fits-all answer, but business owners should ask the question so you can adjust expectations and objectives accordingly.

Impact of remote work

Heading into the crisis, concerns about productivity were certainly on the minds of many in leadership positions. In March, research firm Gartner conducted a snap poll that found 76% of HR leaders reported their organizations’ managers were concerned about “productivity or engagement of their teams when remote.”

Many of these fears may well have been alleviated after a month or two. News provider USA Today collaborated with researchers YouGov and social media platform LinkedIn to conduct a poll in April that found 54% of respondents (professionals ages 18-74) said that working remotely has positively affected their productivity. They cited factors such as time saved by not having to commute and fewer distractions from co-workers.

The bottom line is that allowing — or, in recent months, requiring — employees to work remotely shouldn’t drastically alter your expectations of their productivity. Every employee must continue to fulfill his or her job duties and meet annual performance management objectives (as perhaps adjusted in light of the pandemic and altered economy).

However, it’s unrealistic to expect anyone to accomplish markedly more just because he or she is no longer subject to a long commute and regular office hours. In fact, when assessing productivity, business owners should bear in mind the dual challenge of work-life balance while working remotely (childcare obligations, etc.) and the mental health component of living through a pandemic.

Solid metrics

If remote work isn’t a major concern for your company — either because your employees were already doing it, adapted to it readily or simply cannot work from home — there remain some tried-and-true ways to evaluate productivity. Metrics can be useful.

For example, one broad measurement of productivity is revenue per employee. To calculate it, you’ll need to check your financial statements to see how much revenue your business brought in during a defined period. Then, you divide that dollar figure by your total number of employees. The idea is that every worker should generally bring in enough revenue to rationalize his or her paycheck.

It’s not a “be all, end all” metric by any means, but revenue per employee can help accurately shape your understanding of productivity and cash flow. And, as mentioned, you’ll need to think about how this year’s economic conditions have altered your productivity needs and what employees can reasonably accomplish.

Careful calibration

When the subject of productivity arises, many business owners’ instinctive answer is “more, more, more!” Carefully calibrating your expectations and goals, however, can lead to more sustainable results. We can help you choose and calculate the right metrics and set realistic productivity objectives.

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