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News & Views

Article 02.17.2021 Dean Dorton

By: Matt Smith, CPA | msmith@deandorton.com and Jon Tennent, CPA | jtennent@deandorton.com

Federal and most state individual income tax returns for 2020 are due to be filed by Thursday, April 15, 2021.

Individuals who need additional time to file 2020 income tax returns may file for an automatic extension of time to file until October 15, 2021. The extension of time to file is not an extension of time to pay. Failure to pay the tax shown on your return is subject to interest and to a 0.5% per month failure-to-pay penalty. You should make a good-faith effort to estimate the amount of tax due and report that amount on your extension form. Failure to do so may invalidate your extension and result in imposition of the failure-to-file penalty—a steep 5% per month of the balance due. You can underestimate the tax by up to 10% on the extension form without incurring penalties, but interest still applies.

As you’re compiling your 2020 tax information, give some thought to what information you would need if your return is selected for audit and how you would access that information. Most of us are aware expense documentation is important, but many do not realize we must be prepared to identify and substantiate every deposit into our bank accounts.

You should also consider the format of your records. Many of us rely upon web-based programs or software to house financial records electronically, but these records may only be available for limited periods. We need to think proactively about how we’ll retrieve information, if needed, from our electronic information sources.

The standard deduction remains large in 2020 (generally $12,400 for a single filer and $24,800 for married filing jointly). Some common itemized deductions are state and local taxes paid, large medical expenses, certain interest paid, and gifts to charity—all of which have limitations. The standard deduction applies if all of these items together do not reach the threshold. However, many states have much smaller standard deduction amounts (such as Kentucky, which is $2,650 for 2020). For itemized deductions, Kentucky allows only charitable contributions, mortgage interest, investment interest, and gambling losses to the extent of winnings.

Substantiating records are required for charitable donations of any amount to be deductible on your tax return, but charitable gifts of $250 or more also require a timely written gift acknowledgment by the donee. The charitable organization’s letter must state the gift’s date and amount and either (1) affirm that no goods or services were provided in connection with the gift, or (2) if such goods or services were provided, identify what they were and their value, and include a statement that the amount deductible is limited to the excess of the amount given over the value received. The deduction also is contingent on the contributor having the acknowledgment letter by the earlier of the filing date or due date (including an extension) of the return.

IRA and HSA contributions, if any, for 2020 must be made by April 15, 2021.

An impact of globalization is a greater incidence of U.S. persons having financial accounts or owning other property outside the U.S. Additional reporting requirements are imposed on certain owners of such assets. These reporting requirements may apply if:

  • You have a beneficial interest in or signature authority over a foreign bank or investment account.
  • You own an interest in a foreign corporation, partnership, or other business entity (not held in an investment account), a note, or other receivable due from a foreign borrower, or any other interest in any foreign financial asset.
  • You have an interest in a foreign trust or estate, have ever created a foreign trust, or received a gift or bequest from a foreign person during the year.

If you pay more state sales taxes than state income taxes, you may benefit from deducting sales taxes rather than income taxes. Sales taxes on expensive purchases, such as some vehicles (including RVs), boats, and airplanes, can result in sales taxes paid exceeding state income taxes paid.

The Kentucky individual income tax return includes a line to report use tax on purchases from out-of-state retailers. If you purchased items online or from a catalog and did not pay sales tax on those items, you would report the use tax on this line. Kentucky ensures that out-of-state purchases are subject to at least Kentucky’s sales tax rate. For example, if you purchased a vehicle out of state, paid 5% sales tax, and transferred it into Kentucky (where sales tax is 6%), you would need to pay Kentucky the extra 1% sales tax difference at the time of transfer.

If you are a W-2 employee who either has a large overpayment or owes a large amount on your 2020 tax return, consider adjusting your 2021 withholding by updating your Form W-4 with your employer. Because the form can be complex, the IRS also provides an interactive calculator to help you determine the ideal withholding amount for your situation.

Interactive Calculator

If due, you can check the status of your 2020 tax refund at irs.gov/refunds. You will need your tax identification number, filing status, and refund amount from your return. For Kentucky refunds, visit refund.ky.gov. Please note that due to rising rates of identity theft and staffing shortages resulting from the COVID-19 pandemic, refunds may be delayed.

This article was originally published in News & Views (Dean Dorton’s quarterly newsletter).

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Filed Under: 2021 Spring Edition, Accounting & Tax, News & Views, Services, Tax Tagged With: Jon Tennent, Matt Smith, News & Views, Tax return, W-2

Article 02.17.2021 Dean Dorton

By: Erica Horn, CPA, JD | ehorn@deandorton.com

When Paycheck Protection Program (PPP) loans were initially introduced, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) made clear that loan proceeds would not be treated as gross income on federal income tax returns. However, the Act was silent on the tax treatment of expenses paid with loan proceeds. The IRS issued a ruling in May 2020 stating that expenses paid with loan proceeds would not be deductible for federal tax purposes. Much gnashing of teeth in Congress and the business community followed.

On December 27, 2020, when President Trump signed the Consolidated Appropriations Act, expenses paid with a PPP loan’s proceeds became deductible on federal income tax returns, assuming the expenses are otherwise deductible. After a short celebration, businesses now face how individual states handle both the gross proceeds from the loans and expenses paid with the proceeds.

While most states have not addressed the subject, Kentucky provided guidance on its website through two “frequently asked questions.” Kentucky is treating the loan gross proceeds as tax-exempt income but does not allow a deduction for expenses paid with loan proceeds. A bill has been filed in the Kentucky General Assembly, House Bill 278, that would allow the expenses to be deducted. The prospects for the bill are unknown. The moral of the story—if you file returns in multiple states, check (or have your tax advisor check) the states in which you file to see if treatment of the PPP loan has been addressed.

This article was originally published in News & Views (Dean Dorton’s quarterly newsletter).

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Filed Under: 2021 Spring Edition, Accounting & Tax, COVID-19, COVID-19 SBA Loan Programs, News & Views, Services, Tax Tagged With: Jon Tennent, Matt Smith, News & Views, Tax return, W-2

Article 02.17.2021 Dean Dorton

By: Jon Tennent, CPA | jtennent@deandorton.com

This year the IRS has opened up its Identity Protection PIN system to all tax filers who wish to opt-in; being a victim of identity theft is no longer a requirement. This process can be completed entirely online in under 30 minutes if you have the following items available:

  • a copy of your prior tax return;
  • your social security number;
  • one of the following: a credit card, home loan, auto loan, or student loan account number in your name;
  • a cell phone registered in your name; and
  • a valid email address.

Note that this process would need to be completed separately for each spouse in the case of a married couple. If there is a problem with one of the identity verification items above, such as if the cell phone is registered in your spouse’s name, you can still receive the protection PIN by mail.

Obtaining one of these numbers can be a quick and easy way to reduce your exposure to identity thieves.

Read more and get an identity protection PIN

This article was originally published in News & Views (Dean Dorton’s quarterly newsletter).

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Filed Under: 2021 Spring Edition, Accounting & Tax, News & Views, Services, Tax Tagged With: Jon Tennent, Matt Smith, News & Views, Tax return, W-2

Article 02.17.2021 Dean Dorton

By: Gui Cozzi | gcozzi@ddaftech.com

You may be aware of a major and widely publicized cybersecurity breach involving SolarWinds software, which is used by over 300,000 customers, including U.S. government agencies and most of the U.S. Fortune 500 companies. Threat actors, believed to be from Russia, inserted malicious code into SolarWinds software to gain access to confidential information of SolarWind’s customers.

The consequences of being a victim of a cyber-attack can be devastating to all sizes and types of organizations. Because you haven’t been victimized doesn’t mean you won’t be. Even small firms have been victimized by threat actors and have had confidential information accessed or stolen.

All sizes of organizations that have potentially sensitive data should do what they can to protect it from threat actors. Whether your organization has internal personnel with cybersecurity expertise or an outside IT firm with that expertise, you should regularly assess your systems’ security and implement pragmatic security measures based on your organization’s risk appetite.

Dean Dorton’s cybersecurity team can help your organization build a strong, resilient, and cost-effective information security program to reduce the cyber threats you may encounter.

Gui Cozzi
Cybersecurity Practice Leader
gcozzi@ddaftech.com

This article was originally published in News & Views (Dean Dorton’s quarterly newsletter).

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Filed Under: 2021 Spring Edition, COVID-19, COVID-19 SBA Loan Programs, Cybersecurity, News & Views, Services, Tax Tagged With: Jon Tennent, Matt Smith, News & Views, Tax return, W-2

Article 02.17.2021 Dean Dorton

Kentucky is one of a handful of states where local taxing jurisdictions, such as cities, counties, and school districts, impose income taxes. These local taxes, called “occupational license fees,” generally are imposed on a business’s net profits and employee salaries, wages, or other compensation. Employers must withhold local taxes from employees’ pay for work performed within the local jurisdiction. Tax rates vary and generally range from about 0.5 to 2.5 percent.

Kentucky law permits employees to file for a refund from a local jurisdiction if their employer withheld taxes for that jurisdiction while they worked in another jurisdiction, either within or outside Kentucky. For example, suppose an employee lives and works in Louisville Metro, which imposes a tax of 2.2 percent on resident employees’ compensation. However, the employee spends one month of the year on an assignment in Tennessee. The employee might apply for a refund from Louisville Metro if the employer continued withholding Louisville Metro taxes while the employee worked in Tennessee.

Note that if employees work in another Kentucky locality during the period for which they are seeking a refund, taxes would be owed to the other local jurisdiction. This scenario could arise with greater frequency this year due to the large number of employees working from home because of the pandemic.

For example, suppose the employee normally works in Woodford County but has been working from home in Jessamine County for most of the year. Woodford County levies an occupational license fee of 1.5 percent, while Jessamine County’s rate is 1 percent. The employee owes Jessamine County tax on the compensation earned while working from home. If the employer continues withholding tax for Woodford County, the employee could seek a refund.

Refund claims must be filed within two years from the due date of the employer’s tax return, which in many localities is February 28. Some of the larger jurisdictions, such as Louisville and Lexington, have refund application forms available on their websites. The refund application for Louisville Metro is available here and for Lexington is available here.

Refund application for Louisville MetroRefund application for Lexington

Filed Under: 2021 Spring Edition, Accounting & Tax, News & Views, Services, Tax Tagged With: jurisdiction, Lexington, local tax, Louisville, News & Views, Refund, tax refund Kentucky

Article 02.17.2021 Dean Dorton

By: Jon Tennent, CPA | jtennent@deandorton.com

Significant tax legislation due to the COVID-19 pandemic was enacted last year.

One such change is the treatment of charitable donations to public charities. Previously, individuals have been required to itemize their deductions to benefit from charitable contributions. For 2020, however, they can deduct up to $300 of cash contributions in addition to their standard deduction without itemizing and regardless of their filing status. For 2021, single filers may continue to take advantage of this $300 deduction if they do not itemize; for married joint filers, the deduction limit is increased to $600.

Further, individuals who itemize can now deduct cash contributions up to 100% of their adjusted gross income (up from 60%); C corporations can now deduct up to 25% of their taxable income (up from 10%); and for qualified disaster relief, C corporations can now deduct up to 100% of their taxable income.

Previously, the cost of meals on business tax returns was limited to a 50% deduction. Business meals at restaurants can now be deducted 100% in calendar years 2021 and 2022. Note that this increased deduction does not apply to 2020, and the meals can only be purchased from restaurants.

Another provision relates to teachers who purchase personal protective equipment, disinfectant, and other supplies to prevent the virus’s spread. The cost of these items now qualifies as an educator expense and is eligible for deduction for purchases on or after March 12, 2020. However, the above-the-line deduction for unreimbursed educator expenses remains capped at $250.

This article was originally published in News & Views (Dean Dorton’s quarterly newsletter).

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Filed Under: 2021 Spring Edition, Accounting & Tax, COVID-19, COVID-19 Tax, News & Views, Services, Tax Tagged With: Jon Tennent, Matt Smith, News & Views, Tax return, W-2

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