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S corporation

Article 11.30.2016 Dean Dorton

With most of 2016 behind us, you may want to consider some year-end tax-saving ideas. Before acting on these, note the following:

  • Most strategies do not apply universally, but only in specific circumstances.
  • Many strategies should take into account not just the current year’s impact, but future years’ projected impacts as well.
  • Strategies that reduce your current year regular federal income tax may not reduce your overall federal income tax due to the alternative minimum tax.

Section 179 and bonus depreciation — Businesses should consider these tax breaks related to fixed asset acquisitions:

  • Section 179 depreciation deduction. In 2016, individuals and business entities can elect to deduct up to $500,000 of qualifying business property cost in the year the property is placed-in-service. The deduction is reduced dollar-for-dollar for qualifying property cost greater than $2,000,000. Note that this deduction is available only to the extent of positive business taxable income.
  • Special “bonus depreciation” allowance. For 2016, an additional depreciation deduction is permitted for qualifying property in the year it is placed in service. This bonus depreciation is a deduction of 50% of the qualifying property’s cost.

Capital gains and losses — If you have realized net capital gains during 2016, consider realizing capital losses before the end of the year to offset the gains. Remember that net long-term losses can be used to offset net short-term capital gains which otherwise would be taxed at ordinary rates. Also, be aware of the “wash sale” rules if you are inclined to reinvest in a security you sell at a loss.

Self-employed retirement plans — If you have self-employment income and don’t have a retirement plan in place to shelter any of it, you may qualify to use a Self-Employed Plan (SEP). A SEP contribution deduction is allowed for 2016, even if the SEP is created and funded at any time up to the due date, including extensions, of the 2016 income tax return in 2017.

Charitable contributions — Consider funding charitable gifts with appreciated marketable securities held for more than one year, resulting in gains being untaxed and deductions being allowable at the securities’ market values. You may also charge charitable contributions on your credit card; contributions posted to your account before year-end are deductible this year, even if you do not pay the charges until next year.

Annual gifting — You may give your children and others up to $14,000 each in 2016 without any gift tax consequences. This annual exclusion is calculated on a per donee basis and no carryover is allowed for the unused exclusion. Consider making year-end gifts to fully utilize this year’s annual exclusion, and consider making your 2017 annual exclusion gifts (also at $14,000 per donee) early next year.

Required minimum distributions — Individuals with retirement plan accounts (employer qualified plans or IRAs) generally are required to take minimum annual distributions upon reaching age 70 ½. Steep penalties apply to noncompliance, and not all IRA custodians or plan sponsors actively communicate the applicability of the rules to account holders and plan participants.

S Corporation and partnership losses — If your S Corporation will generate a tax loss this year, consider whether you have enough basis in the stock (or in loans you’ve made to the corporation) to take the full loss. If you don’t, additional investments should be considered. Similar considerations can arise in some situations with partnerships expecting tax losses.

Possible elimination or reduction of valuation discounts for family-owned businesses — As reported in an earlier newsletter, the U.S. Treasury has proposed regulations which, if finalized, will have the effect of increasing valuations of noncontrolling interests in family-owned businesses and investment entities for gift, estate, and generation-skipping tax purposes. The proposals are attracting much criticism. A hearing on the proposals is scheduled for December 1. Subsequent courses of action include at least the following:

  • The regulations being finalized as proposed
  • The regulations being finalized with modifications
  • Withdrawal of the proposals followed by further study

Once finalized, the regulations would become law after 30 days. If you are interested in transferring an interest in a family-owned entity, you may want to consider conducting such transactions before the end of the year.

If you have any questions, contact your Dean Dorton advisor or Matt Smith at msmith@deandortonstg.wpenginepowered.com.

Filed Under: Accounting & Tax, Services, Tax Tagged With: Business, Capital, charitable, charity, Clery Act, Contribute, Depreciation, End, Gift, retirement, S Corp, S corporation, Tax, Year

Article 12.30.2015 Dean Dorton

The 2015 1099-MISC forms must be provided to recipients by February 1, 2016 per the IRS. The forms are due to the IRS by February 29, 2016 for paper returns or March 31, 2016 for electronic filing. A Form 1096 should be included with your filing.

Who should receive a 1099?

In general, the following situations will require a Form 1099:

  • For payments in the amount of $600 or greater for the following: rents, services performed by a non-employee, prizes and awards, other income, medical and health care, crop insurance proceeds, cash payments for fish or other aquatic life you purchase from anyone engaged in the trade or business of catching fish, cash paid from a notional principal contract to an individual, partnership or estate, payments to an attorney, any fishing boat proceeds, director’s fees;
  • Direct sales of at least $5,000 of consumer products to a buyer for resale anywhere other than a permanent retail establishment;
  • Each person from whom you withhold federal income tax under the backup withholding rules.

There are exceptions to these. One general exception is payments to a corporation including an LLC that is treated as a C or S Corporation for tax purposes. Prior to paying a vendor, businesses should obtain a W-9 from all vendors in order to determine whether or not a 1099 form is necessary. If the vendor will not provide a valid TIN, then the business must withhold 28% from their payment. Failure to follow backup withholding rules can result in penalties to the payer. The intentional failure to file form 1099 has a penalty of $500 per information return with no maximum penalty.

Also, when a W-9 is received, look for indications of a foreign company, such as address. Foreign companies will have different reporting forms and will not require a 1099. The latest W-9 revision includes Box 4 which is for exemption codes from the Foreign Account Tax Compliance Act (FATCA) reporting.

If you have any questions, please contact Gina Whitis at gwhitis@deandortonstg.wpenginepowered.com or by calling (859) 255-2341.

Filed Under: Accounting & Tax, Construction, Energy & Natural Resources, Equine, Forensic Accounting, Healthcare, Higher Education, Industries, Manufacturing & Distribution, Nonprofit & Government, Real Estate, Risk Management, Services, Tax, Technology, Wealth & Estate Planning Tagged With: 1099, Backup witholding, C Corporation, FATCA, Foreign Account Tax Compliance, Gina Whitis, IRS, LLC, MISC, S corporation, Tax

Article 12.21.2015 Dean Dorton

Congress finally passed an extenders package that includes some key tax provisions that go beyond 2015. While there are numerous provisions, the ones we are frequently asked about include:

  • Section 179 deduction for up to $500,000 of qualifying business property is made permanent and the amount will be indexed for inflation in future years.
  • Bonus depreciation is extended through 2019 – 50% for 2015, 2016 and 2017, 40% for 2018, and 30% for 2019. And, starting in 2016, improvements to an interior portion of a nonresidential building made after the building was placed in service will also qualify.
  • For S corporations, the period for avoiding the built-in gains tax is “permanently” made 5 years.

What will we do for drama between Thanksgiving and New Year’s next year?

Below are some articles with more information on  the Act’s provisions:

  • Section-by-Section Summary of the Proposed “Protecting Americans from Tax Hikes Act of 2015”
  • Technical Explanation prepared by the Staff of the Joint Committee on Taxation
  • The Twelve Most Important Provisions in the Latest Tax Bill

Filed Under: Accounting & Tax, Construction, Energy & Natural Resources, Equine, Forensic Accounting, Healthcare, Higher Education, Industries, Manufacturing & Distribution, Nonprofit & Government, Real Estate, Risk Management, Services, Tax, Technology, Wealth & Estate Planning Tagged With: American, Building, Congress, Depreciation, Property, S corporation, Section 179, Tak hike, Tax, Tax Hikes Act

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The matters discussed on this website provide general information only. The information is neither tax nor legal advice. You should consult with a qualified professional advisor about your specific situation before undertaking any action.

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