Tag Archives: IRS

2023 Year-End Considerations — Part 2

Business concept of tax payments burden

{8 minutes to read} I hope you are looking forward to the Thanksgiving holidays ahead. Wherever you choose to enjoy your food and festivities — whether alone or with others — don’t leave gratitude off the menu. 

I trust that you found the earlier article informative — that is Part 1 for Individuals. Just in case you missed it, I included this link: 2023 Year-End Considerations — Part 1

Let’s Proceed to Part 2 — While most of this article is geared toward businesses with employees, all could benefit from staying informed. Item # 1 also applies if you pay others for work/business-related services (and you intend to take the deduction from your income).

For Small Businesses and Entrepreneurs

What is in This Article?

  1. Form 1099 Reporting: The IRS is becoming more aggressive with its compliance requirements.
  2. State Tax Reporting: This could be triggered by a “remote workforce.”
  3. Employee Retention Credit (ERC): The IRS is clawing back with added interest & penalties, and possible criminal prosecution.
  4. Employers: Businesses will be required to set up certain retirement plans for qualified employees. 

Form 1099 Reporting Compliance

The IRS has stepped up its compliance requirements on non-employee payments. In general, payments totaling $600 or more to certain non-employees require reporting to the IRS. You may already know that once you issue a payment, it can become an endless task to get the W-9 form completed. Please use W-8 forms for foreign individuals and businesses. Tax withholding may be required.

The best way to tackle the W-9 completion is to collect the completed form upfront during the onboarding process, and before you make a payment. For your reference, here is a link to the W9 Form on the IRS website.

While there are multiple types of 1099 reporting, this article is specific to 1099-MISC, 1099-NEC, and 1099-K. The first two are for types of payments, such as cash or checks. 1099-K, the less-known one, is for card/app payments. These income tax forms are generally issued when you receive non-employee compensation. The income is reported to the Internal Revenue Service (IRS) by the payer. The IRS requires the issuance of a 1099 form to a taxpayer/payee (other than a corporation) who has received at least $600 or more in non-employment income during the tax year. It is the responsibility of the payer to report the 1099-MISC and 1099-NEC to the IRS, however, for the 1099-K, the third-party payment networks (generally card merchants) are required to file the 1099-K to the IRS. Per the IRS,  “Form 1099-K is a report of payments you got during the year from credit, debit or stored value cards such as gift cards, payment apps, or online marketplaces (third-party payment networks).”

State Tax Reporting — Could Be Triggered by “Remote Workforce”

As a result of the recent pandemic, the way and where we work has changed significantly. Some companies allow employees to work remotely (partial/hybrid or fully). While this is great for work-life balance, it could become costly for small businesses. How so? A business could trigger state tax reporting in a state in which it has not transacted business. For example, having an employee working in a state may require a business to register and file a tax return in that state and to withhold payroll taxes for that state. Keep in mind that some states may not have personal tax filing requirements, however, there may be a business tax filing requirement. Ensure that the company that handles your payroll is aware of an employee’s actual work location. What could trigger an audit from a state? One — if an employee or at times independent contractors file for unemployment claims, and Two (not elaborated here) — you receive income from such a state (e-commerce is often a culprit.)

Are You Losing Sleep at Night Wondering if Your ERC Claim was Filed in Good Faith?

If you are experiencing a great deal of doubt about your eligibility and would rather not deal with a possible repayment of the funds, you still have time to withdraw your application. The IRS created a withdrawal process for Employee Retention Credit (ERC) claims that are still in the pipeline to be processed.

On September 14, 2023, as part of its effort to crack down on scams, the IRS announced that it has created a special path “to help those who filed an Employee Retention Credit (ERC) claim and are concerned about its accuracy.”

According to the IRS, “this new withdrawal option allows certain employers that filed an ERC claim but have not received a refund to withdraw their claim and avoid future repayment, interest, and penalties — an ERC claim that’s still being processed can withdraw their claim and avoid the possibility of getting a refund for which they’re ineligible.” Employers have until the end of this year to withdraw a claim.  

What if the money was from a willfully fraudulent claim filed? Per the IRS, this is a potential criminal act.

As you may recall, the ERC was designed to assist businesses with paying employees during the COVID-19 pandemic, when their business operations were fully or partially suspended due to a government order, or they had a significant decline in gross receipts during the eligibility periods.

Employers’ Responsibility for Auto-Enrollment of Employees, for Certain Retirement Plans.

With the increased cost of living, social security income may not be enough to take care of basic necessities during your less “able” years when most earning power decreases. So, it makes sense to have some money coming from other resources to fill in the gaps.

Employers (With No Current Plan): This is where the government requires you to help by way of automatic enrollment of your employees into a qualified retirement plan. The set-up cost could take a bite out of your bottom line, so consider planning ahead. Not to worry, there is a tax credit to assist with your start-up costs.

Under the recent Secure 2.0 Act, Employers/Businesses will be required to set up certain retirement plans for qualified employees. In essence, the Act is meant to encourage employees’ savings at different income levels. Putting together a plan could take months, so it’s best to start planning now. Consider consulting with a Professional Employer Organization (PEO) provider — some payroll companies offer this as an additional service. It is encouraged to have this handled by specialized professionals. In an article from Fidelity, “Secure 2.0: Rethinking retirement savings,” you can learn about some of the other changes to retirement savings for all generations from Generation Z to the Silent Generation.

As always, thank you for reading. I hope you find something useful to implement as you plan ahead. Please reach out if you have questions.

Thank you for reading.
With gratitude,
Nadine

Nadine Riley, CPA
Founder, Masterpiece Accounting Group
Phone: (212) 966-9301
Email: info@mpagroupllc.com

The Masterpiece Accounting Group web, blogs, and articles are not rendering legal, accounting, or other professional advice. Tax strategies and techniques depend on your specific facts and circumstances. You should implement the information in this newsletter only with the advice of your tax and legal advisors.   

What Have You Gained in the “Lost Years?”

Text Think about tomorrow today on notebook

This is the first of two articles – this first one is more individual-focused; the next will be focused on entrepreneurs (including sole practitioners/independent contractors) and small-business. In that article, I will discuss Pass-Through Entity Tax (PTET) and ways to manage the generous but short-lived Qualified Business Income Deductions (QBID).

But first, let’s look back before we look forward. 

In most of my recent interactions with others, the term “lost years” is becoming a part of our conversation. I must say, the first time I heard it, I was a little taken aback. Why would we define them as lost years?

Despite the added responsibilities, I must say that in the past two years I’ve learned more about the beauty and fragility of our being, i.e., human beings, than all my years combined. I have learned that we need each other more than we can ever fathom. We also need a space for solitude, yet as Amanda Gorman expressed in her poem, The Hill We Climb: “… we’ve learned that quiet isn’t always peace.” Learning to wisely balance/manage time with others and time with self can be enriching to our overall well-being.

The years 2020 and 2021 are not lost years. Sadly, we have lost so many of our loved ones during these years and have seen the health of others deteriorate from the lingering side effects of COVID-19. Yet, even in the chaos, some among us have been transformed. Time did an article titled, “Even if You Feel Like This Was a Lost Year, That Might Not Be True.” In the article, the writer looked back at 2020 and wrote how some survivors of trauma, “found that after time, a significant portion of them report feeling renewed. They have a sense of fresh possibilities in life, an openness to following new pathways.” (You can read the entire article here.)

Moving Along to Taxes

You may have heard this echoed from other tax practitioners — this was one of the longest tax seasons! Most of us, including myself, felt like tax season started in January 2020 and didn’t end until the end of April 2022. Think about it — the IRS was given the task of administering most of the pandemic monetary distributions, and as we all know, whatever sits on the IRS’s shoulders falls into the laps of tax practitioners.

In this article, I will share some big moves made by individuals and their impact:

1. Primary Home Sales: One of my indirect mentors noted that of his 40+ years in business, he saw the most home sales in 2021. For primary home sales – under Code §121, the IRS allows an individual taxpayer to exclude up to $250,000 of profit/gain on a home sale (and up to $500,000 if jointly owned) when certain rules are met. While there are multiple complexities to these rules and some decisions may lead to losing all or part of the exemption, in its simple form these rules are:

a. They must have owned the home for at least two of the last five years;

b. They must have used the home as their principal residence for two of the last five years; and

c. They must have not excluded a gain on a home sale in the last two years.

2. Retirement Withdrawal and its Future Tax Effect: In 2020, a large number of individuals took money from their retirement savings and chose to have the taxes due on the withdrawal taxed over a 3-year period. While the tax impact was minimal for most in 2020 – the impact on the portion allocated for 2021 has propelled some individuals into a higher tax bracket. If you would like to cushion the tax impact for the 2022 allocation, consider replenishing your retirement savings by making tax-deferred contributions.

3. Residency Audits: People who moved during the pandemic appear to be returning “home.” If you are one of the many individuals who claimed to have moved from a state (which was your primary residence before the pandemic) with a personal income tax obligation to a state with no personal income tax obligation, and are considering moving back home, be mindful that this will likely trigger a residency audit. Residency audits are quite complex, and the burden of proof often lies with the taxpayer, which means you are guilty until proven innocent. Having adequate documentation can be crucial to defending your case. Each case is unique, and one size doesn’t fit all in a residency audit. Don’t go it alone.

4. Growth of Personal Savings During the Pandemic: Though most among us have lost a sizeable portion of our income in the last two years, many of us have saved more than in previous years. One notable factor was we spent much less on the “nice to haves,” since we were isolated and had no one to impress. Sincerely, I say this — most of our spending is often to impress others. Another factor that impacted our savings positively was that we eliminated many of those valueless subscriptions that are automatically billed and paid.

5. Amateur/Rookie Investors (Stepping Into the Role of Investment Manager):  Many among us used the time at home testing the various waters as investors and have profited from these trades/sales. However, a vast number of individuals did not set aside money to pay the tax liability on those gains. I have received 1099-B brokerage statements this year with over 200 pages. These statements entail short-term gains and “wash” sales. (A wash sale is triggered when an investor sells or trades a security at a loss, and within 30 days buys another similar security.) Short-term gains do not get favorable capital gain treatment, and wash sale losses are not allowable. 

6. The Will: Yes, you read correctly. At the time I drafted this article, I asked Google’s search engine — What is a Will? Over 14 million responses were generated, telling me that a Will matters. A Will is simply a legal document that states how you want your belongings to be handled and cared for after you pass away. A common misunderstanding about a Will is that if one does not have “heirs” then it is not necessary, but this is not true. If this is your thinking, consider this — many of us have resorted to animals for companionship and friendship and may have placed a higher value on our relationships with them than those with human beings. In our Will, we can choose who and how our companions are to be cared for after we have passed. 

Another reason I believe a Will is a necessary document is that it is a written document that expresses how you would like your remains to be handled. This is a selfless act of kindness. The grieving process is overwhelming to our loved ones, but when we make certain preparations in advance, we demonstrate how much we care for them. While a Will may not protect us from family grievances and bickering, in a Will we can state how we would like our ‘remains’ to be handled and who among our heirs should receive what.

If you would like to work with someone sensitive and caring in these matters, please reach out to me.

In closing, as I looked back at the past two years — for me, they were years of gains. Through 2020 and 2021, I have certainly attended the most wakes/funerals when compared to the last 10 years, yet I feel I have grown more within — more unmasked — less inhibited — more vulnerable and am much freer. I’m sincerely grateful for the meaningful and genuine conversations that were part of this experience. I’m equally grateful for the opportunity to serve others in this privileged capacity, and humbled when I reminisce on the ebbs and flows of this role.

Thank you for allowing me access to you – at times that access may only be a peephole. Other times it could be a window, while still others it is an open door.  Whatever level of access you provide, I am equally grateful for each. I am reminded of a scripture that depicts the loving nature of our Creator as he stands at our doors and knocks, saying:

Here I am — I stand at the door and knock. If anyone hears my voice and opens the door, I will come in and eat with that person, and they with me.” 

May we resolve to let him in and allow him access to our lives. We can start with a small peephole. Only God knows how He will use this access to transform us for His goodness, but He will.

Nadine Riley, CPA
Founder, Masterpiece Accounting Group
Phone: (212) 966-9301
Email: info@mpagroupllc.com

The Masterpiece Accounting Group web, blogs, and articles are not rendering legal, accounting, or other professional advice. Tax strategies and techniques depend on your specific facts and circumstances. You should implement the information in this newsletter only with the advice of your tax and legal advisors.  

At the Mid-Year Mark

calculator with taxes text lying on wooden desk with place for text

{6 minutes to read} We had another wet holiday weekend on July 4th this year. Wet days like these bring back some good vibes from my homeland — the Caribbean. On the zinc top roofing — the raindrops dance to a different and sweeter rhythm.

In spite of the wet days across the Tri-states, I hope you made the best of the holiday — Independence Day. Webster’s dictionary defines this holiday as “a holiday celebrating the anniversary of a country’s independence from another country that ruled it in the past-” As for the United States of America, this holiday was born on July 4, 1776, as a day that represents the Declaration of Independence and our independent nation.

While we are on the matter of independence — for a limited time, the IRS gives us more independence — to deduct food and drinks purchased from a restaurant. Let’s be strategic in taking advantage of this expansion to reduce our tax liability. After all, we create and develop most of our business relationships over meals.

We are officially at the mid-year mark – 

This gives us the opportunity to assess the past six months of actions and plan more intently for the next six months. 

The intent of this article is to share a few of the changes that will impact the 2021 tax year. One of these changes is related to families (with dependent – children or adults) and another is the larger deduction for certain meal expenses. However, before we begin, let’s note two of the areas for which I get the most inquiries from individuals. These happened in the 2020 tax year but will impact 2021 tax-year filers as well.

•2020 Retirement distribution – if you withdrew money from your retirement funds in 2020 and selected to allocate the withdrawal evenly over 3 years – you are required to add/include the portion that belongs to 2021 as part of your income.

•Unused flexible spending for health and dependent care – there can be carry-over from 2020 to 2021 – so please manage your 2021 contributions.

So, what’s new for 2021?

Business meals are now 100% deductible (limited time). Under the lock-down of the pandemic, most among us were not able to break bread with our work colleagues and business acquaintances, resulting in huge losses for the restaurant industry. In an effort to assist that industry, the lawmakers temporarily increased the deductible amount for business meals. This is a win-win for restaurant owners and their patrons.

Under the Consolidated Appropriations Act, 2021, a temporary exception was enacted to the previous 50% limitation. Per the IRS, “beginning January 1, 2021, through December 31, 2022, businesses can claim 100% of their food or beverage expenses paid to restaurants as long as the business owner (or an employee of the business) is present when food or beverages are provided and the expense is not lavish or extravagant under the circumstances.

Below are new credits only available in 2021

1. Child Tax Credit – Earlier this year, Congress passed the American Rescue Plan Act (ARPA) which increases the credit for dependent children and allows partial payment of the credit this year — before you file your 2021 tax returns.

Here is how the credit works: 

a. Income and Age Limitations: 

On the last day of the year, ARPA allows individual tax returns to qualify to take a child credit of $3,000 for children under the age of 18.  To qualify, the child must have a social security number and be claimed as a dependent on the 2021 return. The full amount is refundable, if income is $150,000 or less for joint filers (i.e., MFJ), and for HOH and +Single, the amount is $112,500 and $75,000 respectively. If or when the income exceeds $400,000 for MFJ, If income exceeds the above, the amount of the credit decreases until it is fully phased out.

Read here to see if you qualify for this credit.

2. Child & Dependent Care Credit – Under ARPA, the child & dependent care increases/expands for 2021 only. These are expenses we pay to take care of a child or a qualified dependent while we work. Individual taxpayers qualify for a refundable credit at a rate of up to 50% for the first $8,000 of expenses for one (1) dependent and up to $16,000 in expenses for more than one dependent. There is no advance for this credit. Prior to 2021, the maximum credit was 20% of $3,000 for one dependent/child and up to $6,000 for two or more. 

3. So, how has the credit expanded or changed in 2021? 

a. The maximum credit amount refundable is $4,000 for a child or dependent.

b. Income limitations – The credit amount starts to reduce when income is $125,000, and phases out fully at $438,000.

c. Residency limitations – you must live in the United States for at least ½ of the year.

During a time of crisis (e.g. the current pandemic), more developed countries like the USA extend financial help to the people. In 2020, such help showed up in the form of stimulus checks, unemployment income, etc. At the same time, scammers, referred to by the IRS as “the Dirty Dozen,” began to crop up. In a notice (alert) dated June 28, 2021, the IRS posted a notice with the subject lineAmericans urged to watch out for tax scams during the pandemic. For your protection, please read the details from the IRS website.

In closing, in spite of the necessary boundaries that are still required due to the current pandemic, my hope is that we freely celebrate our independence. Scripture reminds us that we have free will. Let us resolve to use our free will to express light and love – as a way of being. 

One last thought before you go, if you have not filed your 2019 or 2020 tax returns you may not be able to receive some of these credits. As always, you can freely contact us if you need assistance to file your returns. 

With gratitude, 

Nadine.

Nadine Riley, CPA
Founder, Masterpiece Accounting Group
Phone: (212) 966-9301
Email: info@mpagroupllc.com

The Masterpiece Accounting Group web, blogs, and articles are not rendering legal, accounting, or other professional advice. Tax strategies and techniques depend on your specific facts and circumstances. You should implement the information in this newsletter only with the advice of your tax and legal advisors

NYS Cut the Cord with the IRS: You May Be Able to Itemize on Your NYS Tax Return

NYS Cut the Cord with the IRS: You May Be Able to Itemize on your NYS Tax Return by Nadine Riley

By now most of us are aware that the new tax rules will impact our Federal tax returns; a large portion of expenses have been reduced OR disallowed under the new tax law (known as TCJA).

Since the law has been enacted, lawmakers of various states with personal income tax obligations have continued to lobby to make them more favorable, and many believed the battle was lost. However, NYS chose to “sever its ties with the IRS” in an effort to help its individual taxpayers.

Generally, most states have their own tax rules that taxpayers are required to follow; they often treat certain transactions in the same manner that the IRS does.

For 2018 tax year and after, New York State will not follow the same tax rules as the IRS (Federal) as is customary. NYS chooses not to follow (to “decouple”) the IRS with disallowing the federal itemized deduction changes made by the TCJA for tax years 2018 and after. As a result, you may be able to claim certain deductions that are limited or disallowed for Federal tax purposes.

Here are some of the deductions you are allowed to claim:

  • State and local real estate taxes paid, including amounts over the $10,000 federal limit
  • Casualty and theft losses, including those incurred outside a federally declared disaster area
  • Un-reimbursed employee business expenses
  • Certain miscellaneous deductions that are no longer allowed federally (e.g. tax preparation fees, investment expenses, and safe deposit box fees)

There are some other areas that will be allowed by NYS:

  • Alimony or separate maintenance payments
  • Qualified moving expenses reimbursement and moving expenses

Please see here to learn of all the areas.

Often as humans we do our best to meet on common ground for a common goal; however, whenever there are few or no commonalities, it may to best to “cut the cord” and stop following the leaders.

Hope you find this information useful. As always, please reach out with any questions.

Nadine Riley, CPA
Founder, Masterpiece Accounting Group
Phone: (212) 966-9301
Email: info@mpagroupllc.com