Category Archives: Strategy

Don’t Rely Upon SALY

Posted in ENTREPRENEUR, Independent Contractor, Risk Management, Small Business, Strategy, Tax by

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In the income tax world, tax professionals often cringe when a client tells them that their information is the “same as last year.”  The acronym for this is SALY.

SALY information is dangerous and should always be avoided; this is true for income tax and for many other situations as well.  A Best Practice is for Business Owners to review their operations, on at least an annual basis, to ensure that which was true last year, still remains true for the current year. Don’t rely upon SALY.

Owners and/or Managers may be accustomed to an annual review for select items. Let’s use insurance as an example. Each year, before you renew your business insurance policies, you need to provide current exposures, to be used as underwriting criteria, to price your renewal policies correctly:

  • Building and Personal Property values
  • Payroll, by classification, for Worker’s Compensation
  • Vehicle and Driver information for your Auto policy

Smaller items, if not watched, could “fall through the crack” and roll over, year after year, with the SALY data.  While this may be the easy way to do it, it can also lead to the expensive way to do it. Financial penalties and/or legal costs can be costly.

Checklists are recommended tools for process improvement. Regular and thorough use can reduce errors, improve safety, and potentially save money, which can improve or protect the bottom line on our financial statements.

I encourage you to consider creating a checklist with items to be reviewed each year, on/about the same date, and to briefly document and date your answers. A process like this is good risk management and may provide a little audit insurance, if you are audited, because it shows you know, you reviewed, and you documented. At least you tried.

If you want to create a year-end checklist, here are 3 ideas to help get you started :

  1. Do the people you pay as an Independent Contractor, work in that capacity, by IRS standards or should they now be Employees? Use the IRS 20 factor control test as a guide.
  2. Do you pay your Employment Tax Return obligations on time? The Required Deposit can change from Monthly to Semi-Weekly. IRS PUB 15 shows: “Before the beginning of each calendar year, you must determine which of the two deposit schedules you’re required to use.” This is important because a deposit penalty may be accessed for every time you do not pay on time.
  3. Do you know who is a Responsible Party at your company for “Trust Fund Taxes”? Do they know too?

The 3rd suggestion is a bit of a curveball (Baseball Sidebar: I am excited because the World Series starts tonight), and is included to build awareness for something most business people, generally, do not know, but should, if it applies to them. This isn’t important if payroll taxes are always fully paid, on time. However, if they are not, IRS PUB 15 Employers Tax Guide shows:

Trust Fund Recovery Penalty :

If federal income, social security, or Medicare taxes that must be withheld (that is, trust fund taxes) aren’t withheld or aren’t deposited or paid to the U.S. Treasury, the trust fund recovery penalty may apply. The penalty is 100% of the unpaid trust fund tax. If these unpaid taxes can’t be immediately collected from the employer or business, the trust fund recovery penalty may be imposed on all persons who are determined by the IRS to be responsible for collecting, accounting for, or paying over these taxes, and who acted willfully in not doing so.

Responsible Person as :

A responsible person can be an officer or employee of a corporation, a partner or employee of a partnership, an accountant, a volunteer director/trustee, or an employee of a sole proprietorship, or any other person or entity that is responsible for collecting, accounting for, or paying over trust fund taxes. A responsible person also may include one who signs checks for the business or otherwise has authority to cause the spending of business funds.

Closing Thoughts :

Education can prevent problems; hopefully, you learned something today by taking the time to read my blog. I wrote it to help you avoid financial risk and also avoid, potentially, learning the hard way by experience.

Fall is the perfect time to work on your business to prepare for year-end close and a new year. When winter arrives on 12/21, most of us are out of time and are busy with family, holidays, and work.

If I can answer questions or help you, please let me know. Thanks for Reading,

Deb

Deborah Ann Fox, CPA helps Small Business Owners & Individuals build and protect their financial wealth though education, strategy, and proactive tax planning. 

She offers free 30 minute no obligation consultations. 

Website: https://www.DeborahFoxCPA.com

Call 619-549-2717

E-Mail me @ debfoxfinancial@gmail.com 

Twitter: @debfoxfinancial

Facebook: Deborah Ann Fox, CPA

The blog is provided as general information only and should not be considered a substitute for specific advice and services of a Certified Public Accountant, Enrolled Agent, or an Attorney

4 Step Process – What “Business Entity”?

Posted in Accounting, Bookkeeping, Budgets, business entity, ENTREPRENEUR, Financial Planning, IRS, legal entity, Small Business, State Statue, Strategy, Tax, Tax Planning, taxes by

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Tax and, to a lesser extent, Personal Liability, concerns often create a maze of confusion for those trying to decide what business entity should I choose?

I hope this blog reduces or resolves any confusion, creates clarity, and provides a solution for you.

This blog is intended to provide you a good “Birds Eye View” of your options and a systematic and analytical process to help you discover:

  • What “Business Entity” you may want
  • Why you want it, and
  • How much it will cost

As someone with both an accounting/tax and risk management background, I look at choices from two perspectives:

  1. The number side of me wants to find out if there is a way to save money.
  2. The risk management part of me wants to make sure we are protecting the money we have.

I also look at the “Cost VS Benefit” or the Risk/Return for decision alternatives.

Is the money spent worth the benefit received?

 This same process can work for you as you evaluate the pros and cons of your alternatives.

Before we look at the 4 Steps, it is helpful to see the “big picture” before diving into the details. “First, see the forest, and then see the trees”

Choosing a “Business Entity” involves choosing both a legal entity and also choosing the way you want your business entity to be taxed.

  • Legal Entities are created by state statues
  • Tax Classifications are created by the IRS

Legal Entities:

  • Sole Proprietor
  • General Partnership
  • Corporation
  • Limited Liability Company
  • Limited Partnership
  • Limited Liability Partnership

IRS Federal Tax Classifications are:

  • Sole Proprietor
  • Partnership
  • C Corporation
  • S Corporation

A cursory review of the two (2) lists clearly shows a mismatch; i.e. they are not “apples to apples”.

Hopefully, showing this to you “up front” will help you develop a discerning eye for the difference in terminology. Examples:

  • Corporations and Limited Liability Company’s are legal entities and not tax classifications.
  • A corporation has two tax classifications available to it, the C Corporation and S Corporation.
  • The Corporation is the legal entity and the C Corporation and the S Corporation are tax classifications.

If you get confused as you read through the details below, come back to the two lists to see which term fits where.

 Now, Back to the

Systematic and Analytical Process to Help You Decide:

  • What “Business Entity” you may want
  • Why you want it, and
  • How much it will cost

4 Step Process

  1. Take a Personal Inventory of your Business Needs
  2. Research & Understand your options
  3. Review the Cost VS Benefit of your possible choices
  4. Meet with a Certified Public Accountant (CPA) and an Attorney to help you finalize your decision

Factors to consider in your decision may include:

  • Your Objective
  • Your Industry
  • Short and Long term goals
  • Tax Implications
  • State law treatment
  • Protection for Personal Assets
  • Formation cost
  • Recordkeeping and ongoing maintenance requirements
  • Capitalization
  • Compensation
  • Allocation of Profits, Losses, and Distributions
  • Fringe Benefits
  • Rights and Duties of Business Owners
  • Management and Control
  • Transfer, Conversion, and Merger
  • Termination/Dissolution

Step 1:

Personal Inventory of your Business Needs:

  • What Do I have to Protect?
  • Liability exposure from your product, services, or location?
  • Am I operating this business by myself or do I have partners, shareholders or members?
  • What are my short and long- term goals?
  • Do I want to retain capital to pay for inventory or to fund growth?
  • Do I want to raise capital?
  • Do I want to establish business credit?

 

Step 2:

Research & Understand Your Options:

Broad Perspective:

Taxes and Personal Liability should both be considered as primary factors in your decision.

  • This blog will focus upon federal taxes; your state statues should also be reviewed. Don’t assume that your state law will follow the IRS. Do the research.
  • Personal Liability and the protection of personal assets, will be addressed within each entity type

The two types of federal taxation that are often considered in entity selection are income tax and self-employment tax.

Income Tax obligations vary depending on the legal structure and tax classification.

The most common forms of business are the sole proprietorship, partnership, corporation, and S corporation.

A Limited Liability Company (LLC) is a relatively new business structure allowed by state statute; it is not an IRS filing status.

  • With pass-through taxation, generally, no income taxes are paid at the business level. Business profit or loss is passed-through to the owners’ personal tax returns.
  • Corporations, on the other hand, are separate tax entities and are taxed independently from owners.

 

Self-Employment tax is required if your annual net earnings is more than $400.

As an employee, you know that money is withheld from your paycheck for social security and Medicare tax; you and your employer split this 50/50.

Self-Employed individuals must pay both the employer and the employee side of Social Security and Medicare tax.

The self-employment tax rate for 2017 is 15.3% of the first $ 127,200 of income and 2.9% of everything above that amount.

There is an income cap for the Social Security tax; the Medicare tax is not capped.

The Social Security tax rate is 12.4%; the Medicare tax is 2.9% (15.3% combined).

  • Self-Employment taxes are reported on Federal Form Schedule SE
  • Taxpayers can deduct 50% of their self-employment tax in determining their Adjusted Gross Income on Form 1040; the adjustment does not affect the amount of self-employment tax owed.

 

Detail Perspective:

Sole Proprietor: Flying Solo

Sole Proprietorships are an unincorporated business that is owned by one person.

Owner Liability?

  • Unlimited; A Sole Proprietor is always personally liable for the debts, obligations, and liabilities of the business

How Are Income Taxes Paid? :

  • Report business income or losses on your personal income tax return; the business itself is not taxed separately. File form 1040 and use Schedule C- Profit or Loss from Business.

Will I pay Self Employment Tax? –

  • Yes; file Schedule SE with your federal form 1040

Other Entity options for a Single Owner Entity?

  • Corporation
  • Limited Liability Company- Single Member LLC

 

Partnership: Two or More:

A Partnership is a relationship formed by 2 or more persons or entities that join together to carry on a trade or business.

Two primary choices:

  1. General Partnership – By definition, at least 2 General Partners each of whom manage the partnership
  2. Limited Partnership – A Limited Partnership has 1 or more General Partners and 1 or more Limited Partners. The General Partner manages the partnership; Limited Partners are typically passive investors.

 

Owner Liability?

  • General Partners, in a Partnership, are “jointly and severally” liable for the debts, obligations, and liabilities of the business
  • Limited Partners, in a Limited Partnership, have limited liability unless they take an active role in management; General Partners remain personally liable

How Are Income Taxes Paid?

  • Partnerships file an annual information return; file federal form 1065 and Schedule K-1 is used for the individual member’s profit and loss; Individual Partners file their personal tax information on Federal Form 1040 and Schedule E, Supplemental Income and Loss

Will I pay Self-Employment Tax?

  • Yes, if general partner
  • Generally, No, if limited partner

 

C-Corporation:

A corporation is a separate legal entity with a life beyond that of its owner.

For federal income tax purposes, a C corporation is recognized as a separate taxpaying entity. A corporation conducts business, realizes net income or loss, pays taxes and distributes profits to shareholders.

Double-Taxation applies: the profit of a corporation is taxed to the corporation when earned, and then is taxed to the shareholders when distributed as dividends

Owner Liability?

  • Corporations (C or S) – Shareholders are not personally liable for debts, obligations, or liabilities of the business

 

How are income taxes paid?

  • The C Corporation pays taxes on the annual net earnings and files federal form 1120

Will I pay Self-Employment Tax?

  • No, Self Employment Tax does not apply because payment for services is in the form of wages, which is subject to withholding for social security and Medicare tax

 

S-Corporation

  • An S corporation combines the limited liability of a C corporation with the tax treatment similar to a partnership.
  • You “elect” to become an S Corp by filing Form 2553 with the IRS within the 1st 75 days of the tax year that you want to operate as an S Corp.
  • The S status is only to elect to have all income /losses pass-through to the owners/stockholders and you must qualify to elect.
  • Failure to comply with IRS requirements will cause the S-Corp to lose its status.
  • State taxation of S-Corps vary – see your state rules. Some states treat S corporations, like C corporations, and impose an income or franchise tax.

 

Owner Liability?

  • S Corps limit liability to the same extent as C Corporations
  • Corporations (C or S) – Shareholders are not personally liable for debts, obligations, or liabilities of the business

How is Income Taxes Paid?

  • S Corporations are corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes
  • S Corporations are responsible for tax on certain built-in gains and passive income at the entity level
  • File S-Corp informational return on Federal Form 1120-S and use Schedule K-1 for the individual shareholder’s profit and loss
  • Shareholder-Employees are taxed on their salary income and on any profits distributed by the S-Corporation
  • Shareholder-Employees file Federal Form 1040 and Schedule E – Supplemental Income and Loss

 

Will I pay Self Employment tax?

  • Generally, no, this is why many Small Business Owners elect to be an S-Corp, if they qualify

 

Limited Liability Company (LLC)

State statues create a Limited Liability Company; owners are called members.

There are 2 primary types:

  • Single Member
  • Multi-Member

Owner Liability?

  • LLCs are state entities; the level of legal protection given to a company’s owners depends upon the rules of the state in which the LLC was formed

 

How are Income Taxes paid?

The tax classifications available to an LLC vary based on the number of members

  • All income, gain, loss, and deduction flow through to members unless the LLC is taxed as C-Corp
  • A Single Member LLC, by default, is a disregarded entity
  • A Single Member LLC can choose to be taxed as a “Corporation” *
  • A Multi Member LLC, by default is a Partnership
  • A Multi Member LLC can choose to be taxed as a “Corporation” *

 

Generally, when an LLC only has one member, the fact that it is an LLC, is ignored or “disregarded”, for the purpose of filing a federal tax return, and is treated the same as a Sole Proprietor.

 

If the only member is an individual, LLC income and expenses are reported on federal form 1040 and Schedule C, E, or F unless it files Form 8832 and elects to be treated as a C Corporation. *

 

A domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Federal Form 8832 and elects to be treated as a C Corporation *

An LLC can also elect to be an S Corporation, if they qualify*

The type of legal entity remains the same—only the tax classification changes to impact how the entity reports and pays taxes.

 

Will I pay Self Employment Tax?

  • Yes, Self-Employment Tax applies except if the LLC operates as C-Corp or S-Corp
  • Sole Proprietor and Partners both pay this tax. File Schedule SE with your federal form 1040

Step 3:

Determine the Cost VS The Benefit:

  • Each Option has it’s own “cost” and “benefit”. Understanding this helps you make an educated decision before you spend any money.
  • The options available to you vary by state and by profession. There is no one size fits all rule, for everyone, across the United States.
  • Visit your local SBDC, Service Corp of Retired Executives (SCORE), and Secretary of State website to find specifics for your area
  • Consider Tax (monetary) and Non-Tax benefits

Costs Include:

  • Filing Fees and Set-Up Costs
  • Annual Maintenance Fees & Services
  • Any State Entity Taxes on Gross or Net Income
  • Tax Return Preparation and Services through out the year
  • Cost, in terms of Time & Money: the amount of paperwork required, Board Meetings, Shareholder meetings, minutes, etc.,

For your state entity taxes, you could use an estimated amount of gross or net income for perhaps, 1, 3, and 5 years and then determine you estimated tax for each year. No, this is not a “real number”, but it does provide a useful illustration to help quantify your cost for alternatives

Benefits Include:

  • Potential Tax Savings
  • Peace of Mind because your personal assets are protected from business liability
  • Other intangibles 

 

Step 4: Meet with an Attorney/CPA to help finalize your choice:

Although a lot of information is included here, it does not cover everything that is important to understand.

Your preliminary research has probably increased your understanding, narrowed your choices, and also created new questions for you.

You could consider this 4 Step process as a good preliminary foundation for your discussions with your attorney and CPA; they can provide more details about income tax and legalities for your situation.

 

Wrapping Up

The entity selection process can seem like a maze of confusing options. I hope this information helped to remove some confusion and perhaps, make a small difference for you? If so, please let me know; I’d appreciate it. Thanks.

 

Thanks for reading.

To your success,

Deb

 

 

Deborah Ann Fox, CPA helps Small Business Owners & Individuals build and protect their financial wealth though education, strategy, and proactive tax planning. She is passionate about helping others. She teaches and also blogs to provide helpful information for individuals, independent contractors entrepreneurs, and small business owners.

Debbie offers free 30 minute no obligation consultations. We can discuss/resolve via a mix of phone, e-mail, virtual, and in-person communications.

 

http://www.DeborahFoxCPA.com

 Call 619-549-2717

E-Mail me @ debfoxfinancial@gmail.com 

Twitter: @debfoxfinancial

Facebook: Deborah Ann Fox, CPA

The blog is provided as general information only and should not be considered a substitute for the advice and services of an attorney or Certified Public Accountant.

Get Started on the “Right Foot” Financial Planning for 2017

Posted in Accounting, Bookkeeping, Budgets, Education, Financial Planning, Home Business, MONEY, Personal Finance, Small Business, Strategy, Tax Filing, Tax Planning by

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When it comes to your finances, accounting, or tax rules, do you ever feel like a “Duck out of Water?”

If so, this post is designed to help you get started on the right foot, make your 2017 easier, and ideally, more profitable.

Here are 6 tips to help you get started:

1. Employ your money by considering how you can make it work for you:

One way to do this is to work with a tax accountant who can help you learn to use the tax rules to help you improve your financial results by decreasing your income tax expense. A tax software program may help you prepare and file your tax return, but it does not help you plan or make informed financial decisions.

A tax return is based upon the past. The best opportunity to make a difference is in the present.

Tax planning (and acting) may also help you save some money on your 2016 tax return – before you file. You can read the rules, read some of my others blogs, or ask someone for guidance.

 

2.  Self-employment comes with both a lot of perks and responsibilities; this is particularly true for income tax rules and obligations.

The IRS defines Earned Income as all taxable income and wages from working either as an employee or from running or owning a business (net earnings from self-employment).

Last year at tax time, a lot of people were caught by surprise because they had not considered how their UBER or other self-employment income would be taxed. It is important to know the rules to avoid penalties for either not reporting on time and/or for not paying income tax on time.

Use the following information to avoid penalties, price your products/services and to plan your budget:

IRS Business Basics – Compliance – “Must Do”:

  • The U.S. tax system is “Pay as You Go, generally, not at the end of the year
  • If you owe the IRS more than $1K during a year, it is not ok to wait to pay
  • Quarterly Reporting & estimated tax payments are required to avoid late payments, interest & penalties
  • Accounting records must be current to determine – if you need to pay quarterly tax
  • Generally, Calendar Year Due Dates are 4/15, 6/15, 9/15, and 1/15 for the previous year
  • If you don’t pay enough tax by the due date of each of the payment periods, you may be charged a penalty
  • Individuals (Sole Proprietors, Partners, S-Corp Shareholders) need to pay estimated tax if they owe $1,000+
  • Corporations need to pay estimated tax if they owe $500+
  • 2 Possible Penalties: Failure to Fail and Fail to Pay on time – If you can’t pay, at least file; prevents 1 penalty
  • Estimated tax is used for: Income Tax; Self-Employment Tax and Alternative Minimum Tax
  • Reconcile payments on your annual tax return

 

 3. Self-Employment Tax of 15.30% is required on Annual Net Earnings of $400+ – “Must Do”

  • You, need to know “Up front” to budget for cash expense and to consider for product/service profitability
  • Sole Proprietors & Independent Contractors must pay both the employer and the employee side of Social Security and Medicare taxes
  • The 2016 SE tax rate on Net Earnings is 15.3% (12.4% social security tax plus 2.9% Medicare tax)
  • The Self-Employment tax rate is 15.3% of the first $118,500 of income and 2.9% of everything above that amount
  • If you also work as an employee, be careful that you do not overpay your Social Security tax. The $118,500 applies to your combined wages, tips, and net earnings
  • Sole Proprietors can deduct ½ of this cost on Form 1040-Line 27, the deductible part of self-employment tax

 

  1. QuickBooks Self-Employed can help you with your business recordkeeping and to determine your estimated tax:

This product is a little less than 2 years old and was designed to simplify the basics for those who are self-employed, own a small business, and who do not have employees (payroll) or inventory. Good examples include realtors and independent contractors.

The program allows you to track business income and expenses and to make tax time simple by capturing all expense deductions, including tracking business mileage. The program also estimates your required IRS quarterly tax payments, lets you separate personal and business expense and create and send invoices on the go.

The cost of $10 or less per month makes it affordable. If you work with a Certified QuickBooks ProAdvisor Accountant, they may be able to provide you a 50% discount on the program cost for your 1st year of use. Reach out to them and ask. If so, they can send you a link to help you get started at the discounted rate.

 

  1. MileIQ is an easy way to track your mileage for expense purposes.

The app is an automatic mileage tracker, which can improve accuracy and add convenience.

2017 rates are:

  • $0.535 for business
  • $0.170 for medical or moving
  • $0.140 for charity

Alternatively, you can use actual expenses incurred.

Either way, the IRS requires documentation, which includes both the beginning and ending mileage, where you went, and why. If you have not been doing this, step outside and record your odometer reading today. That number can provide a good estimate to end your 2016 tax year and to begin 2017.

Also note that if you used accelerated depreciation for your vehicle and used the Section 179 deduction, you cannot revert and use the standard mileage rates.

 

6. Don’t Believe, “Don’t Worry, it’s a Write-Off:

There are a lot of rules for what is an acceptable deductible business expense that apply for who, for what amount, and when.

Following are some general terms that will help you get started in learning IRS terminology and rules.

Note that what is an acceptable taxable deduction in your business may not be acceptable for my business. The “tool belt” is different for a carpenter than for an accountant.

  • Use IRS rules to decrease income tax expense
  • Business Income can be reduced by “ordinary and necessary” expense:
  1. Ordinary expense = Common or Accepted in your trade or business
  2. Necessary expense= Helpful or Appropriate for your trade or business
  • Operating Expense = expense incurred under normal business operations (rent, utilities, insurance, payroll)
  • Capital Expense= benefits more than 1 year (property, plant & equipment)
  • Capital Assets are generally expensed over a period of time by using depreciation and amortization rules
  • Depreciation and Amortization are both a Non-Cash expense
  • They reduce Net Income on an Income Statement, but do not reduce the Cash account on the Balance Sheet
  • The expense can either be based on standard or accelerated rules.
  • Section 179 is an example of an accelerated expense i.e. take a larger deduction in earlier years. Be careful here because you can also be subject to “recapture rules”.
  • This list is not exhaustive nor does it include all the rules. The information is shared to provide general concepts and to plant seeds for future learning.

 

I hope these tips to help you get started on the “right foot” and help you feel less “like a duck out of water”.

We all have gifts we can use to make a difference for each other.

I hope this blog post might have made a small difference for you.

 

Thanks for reading.

To your success,

Deb

Deborah Ann Fox, CPA helps Small Business Owners & Individuals build and protect their financial wealth. She can help by being your financial compass while you captain your ship.

Deb offers free 30 minute no obligation consultations. We can discuss/resolve via a mix of e-mail, phone, virtual, and in-person communications.

http://www.debfoxfinancial.com

http://www.DeborahFoxCPA.com

Call 619-549-2717

E-Mail me @ debfoxfinancial@gmail.com 

Twitter: @debfoxfinancial

Facebook: Deborah Ann Fox, CPA

Perspective: A Number Story

Posted in Accounting, Bookkeeping, Budgets, Financial Planning, Home Business, MONEY, Personal Finance, Small Business, Small Business Finance, Strategy by

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Our observations can be limited by our experience.

For example, recently an architect gave me suggestions for elements to include in a new website that I will launch soon for DeborahFoxCPA.com. His design-eye expertise is invaluable to me. I told him, “You can see things that my eyes do not. I look, but do not see the same detail as you do.” His reply was priceless, “Of course honey this is why we help each other – you see numbers I can’t see LOL.”

Perspective matters.

Numbers tell a story – in our financial statements and on our tax returns. I look for opportunities to make a difference in the story and so can you.

As we approach the end of the year, now is a great time to review the “Big Picture”.

You are the Chief Financial Officer of your home or for your business. You are in the driver’s seat.

Step away from thinking about “working in your business” and focus upon “working on your business”. Think about what you could do to make improvements. Focus upon strategy. Not compliance.

Compliance is filing a tax return. It is what we have to do to comply.

Strategy is about making a difference before you file the return or issue the next financial statements.

Here are 3 ways you can make a difference in your financial story:

  1. Review your financial performance:
  • Are you allocating your budget resources (time and money) for the best use?
  • Compare budget to actual results
  • Compare year-to- year results; identify what changed. Why?
  1. Use financial ratio’s to uncover patterns:
  • Are there areas or activities that are underperforming?
  • Do certain activities provide little value or return on your investment?
  • Can you change your mix to provide more value for you?
  1. Generate new insights:
  • Can you find new opportunities?
  • Can you make changes that would reduce your risk?
  • Could some help from a different perspective find value for you?

 

Henry David Thoreau said, “It is not what you look at that matter’s, it’s what you see.”

What I could see, changed, after I reviewed the architect’s suggestions for my website. Likewise, his perspective changed, too, after I helped him.

We all have gifts we can use to make a difference for each other.

I hope this blog post might have made a small difference for you.

 

Thanks for reading.

To your success,

Deb

Deborah Ann Fox, CPA helps Small Business Owners & Individuals build and protect their financial wealth. She can help by being your financial compass while you captain your ship.

Debbie offers free 30 minute no obligation consultations. We can discuss/resolve via a mix of e-mail, phone, virtual, and in-person communications.

http://www.debfoxfinancial.com 

Call 619-549-2717

E-Mail me @ debfoxfinancial@gmail.com 

Twitter: @debfoxfinancial

Facebook: Deborah Ann Fox, CPA

Does the IRS think you have a Business?

Posted in Accounting, Bookkeeping, Budgets, ENTREPRENEUR, Financial Planning, Home Business, IRS, MONEY, Small Business, Strategy, Tax Filing, Tax Planning by

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Many taxpayers started a business and thought, or were told, “Don’t worry about the expense, it’s a write off on your tax return”.

The truth is that this may or may not be true.

Tax is not a cookie-cutter industry and as you can probably guess, the IRS did not make a “One Size Fits All” tax rule for write-offs.

If your intent is to enjoy your hobby and perhaps make some incidental income, this blog may not be of interest to you.

If your intent is to make money through a legitimate business, as defined by the IRS – this is for you

  • My purpose is to provide you “heads up” and “eyes open” to help ensure your business and financial success
  • This blog is provided to help educate you on how to organize, manage and conduct your business to improve your chances with the IRS in the event that your “activity” is audited ***

 

IRS Hobby VS Business Rules:

  • An “Activity” is either a hobby or a business
  • The IRS uses facts to decide if an activity is a (hobby) or a business
  • Neither the Code nor the Regulations provide an absolute definition
  • It is difficult for a taxpayer to win a hobby-loss case at the Tax Court level
  • If your tax return pays tax as a business and the IRS finds that it is a hobby, your tax return can be corrected and your tax liability could go up; i.e. you might owe the IRS money ***
  • The financial adjustment may be significant. In addition to the loss of the deductions, you, may face a §6662 understatement penalty for the tax years in question ***

 

Hobby Rules:

  • An activity is presumed to be a Hobby if a profit is not earned in at least 3 taxable years of a consecutive 5-year period
  • A taxpayer can overcome the presumption if he/she can show the activity was operated with a For-Profit motive
  • Under IRC §183, a taxpayer’s deduction for Hobby losses is limited to the income produced
  • You must itemize deductions to claim hobby expenses on your tax return
  • Hobby expenses, along with other miscellaneous expenses you itemize on Schedule A, must come to more than 2% of your adjusted gross income before you can deduct them
  • Hobby Expenses can bring your Hobby Gross Income, to zero
  • Income is reported on your IRS Form 1040, Line 21, Other Income
  • I understand that this can be confusing, so I will rephrase differently, to help bring clarity:
  • Hobby Income needs to be reported
  • Hobby Expense deductions have 3 limitations:
  1. Total Itemized Deductions have to be greater than your Standard Deduction
  2. Hobby expense deductions are limited to the hobby income produced, and then
  3. Then those expenses must be reduced by 2% of your Adjusted Gross Income (AGI)

 

Business Rules:

  • A Business has a For-Profit motive
  • A simple, general rule is that if the business makes a profit in 3 of 5 years there will be a presumption of profit
  • IRC § 183(d) is a safe harbor for the taxpayer
  • If the business is For-Profit, no limit on deductions is imposed and the taxpayer may be able to use losses to offset (reduce) other taxable income
  • If an activity has not produced profits in three of the past five years, the taxpayer may still argue that the business has a profit motive by relying on Reg. §1.183-2, which provides for a nine-factor test
  • More weight is given by the courts to the objective facts (rather than to the taxpayer’s statement intent) Dreicer v. Comr., 78 T.C. 642 (1982)
  • Judicial decisions suggest that no one factor is controlling
  • Court decisions often seem to consistently rely on the first factor as the most important

 

The prevailing regulations list nine critical factors for determining whether an activity constitutes a Hobby or a Business. They are:

  1. The manner in which the taxpayer carries on the activity
  2. The expertise of the taxpayer or his or her advisers
  3. The time and effort expended by the taxpayer in carrying on the activity
  4. The expectation that assets used in the activity may appreciate in value
  5. The success of the taxpayer in carrying on other similar or dissimilar activities
  6. The taxpayer’s history of income or losses with respect to the activity
  7. The amount of occasional profits, if any, which are earned by the taxpayer
  8. The financial status of the taxpayer
  9. Any elements of personal pleasure or recreation

 

Business Tax Reporting:

  • A Sole Proprietor or Qualified Joint Venture will file a federal return on Form 1040 and Schedule C- Profit or Loss from Business
  • If you have another Schedule C business activity; a separate Schedule C is required for each business; the same is true for your business records
  • Check to see what tax reporting is required by your state tax board and local municipality
  • The IRS expects you to pay tax as the money is earned
  • If you operate on a calendar year, due dates are 4/15, 6/15, 9/15, and 1/15 for the previous year
  • Quarterly estimated tax payments should be paid if you expect to owe more than $1,000 in federal taxes on an annual basis
  • Use 1040ES for Individual Estimated Payments
  • Reconcile payments on your annual Year End tax return
  • Self-Employment tax of 15.30% is required on all Annual Net Earnings of more than $400

 

Building the Foundation for a For-Profit Business Intent

Tips for Success:

  • Conduct your business, like a business, consistently
  • Consistency includes Quarterly tax reporting and payments – as required
  • Quarterly reporting requires that your accounting records be current – so you know if you have a profit or a loss
  • Taxpayers bear the burden of proving that they engaged in the activity with an actual and honest objective of realizing a profit
  • Keep detailed financial records
  • Credit Card and Bank statements and cancelled checks are not enough- the IRS needs to see the detail of what you bought
  • Receipts are your Audit Protection – the IRS has Strict Substantiation Requirements
  • The Cohen Rule,” states that you can use “other credible evidence,” or rely on IRS Publication 463 which states that you don’t need to keep receipts for expenses under $75 – it is safer to save all receipts and to follow a consistent business practice
  • Don’t use Cash: it is hard to track, easy to spend and nearly impossible to reconcile with receipts
  • Establish separate checking and credit accounts for your business – don’t co-mingle business & personal funds
  • Keep a Time/Activity Log- Outlook or Google calendar may be requested during an audit
  • If you have had business losses and made changes in the attempt to improve profitability, keep a list of changes made and the date the change was made
  • Establish a level of expertise by attending seminars, networking, and joining professional organizations related to the activity
  • Anticipate that you could be audited ***
  • Pursue your passion, enjoy the journey, and ask questions as you learn along the way

 

If you want to learn more about IRS tax rules, contact for me for a $75.00 Special: includes a 45 minute Q&A phone session plus a free “cheat sheet” for your personal use. The “cheat sheet” includes accounting/tax tips about what is a deductible expense, etc. Offer is valid until 9/5/16.

 

“Success is nothing more than a few simple disciplines practiced every day” – Jim Rohn

“To open a shop is easy; to keep it open is an art” –Chinese Proverb

 

Thanks for reading,

Deb

 

Deborah Ann Fox, CPA helps Small Business Owners & Individuals build and protect their financial wealth. She can help by being your financial compass while you captain your ship.

Debbie offers free 30 minute no obligation consultations. We can discuss/resolve via a mix of e-mail, phone, virtual, and in-person communications.

http://www.debfoxfinancial.com

Call 619-549-2717

E-Mail me @ debfoxfinancial@gmail.com 

Twitter: @debfoxfinancial

Facebook: Deborah Ann Fox, CPA

10 Quotes to “Invest in Your Success”

Posted in ENTREPRENEUR, Small Business, Strategy by

In honor of ‘Small Business Week 2016”, I offer you 10 quotes to help you ‘Invest in your Success’, the theme for this years celebration.

Dreams, put into action, are the initial seeds we sow before we might become an Entrepreneur or Small Business Owner

  • “We all have dreams. But in order to make dreams come into reality, it takes an awful lot of determination, dedication, self-discipline, and effort”- Jesse Owens

Education

  • The road to success is always under construction” – Paul Harvey

Experience

  • “In theory, there is no difference between theory and practice. In practice, there is” – Yogi Berra

Self-Development Growth

  • It may be hard for an egg to turn into a bird: it would be a jolly sight harder for it to learn to fly while remaining an egg.”  – C. S. Lewis

Process – Think, Plan, Execute, Monitor, Measure – Repeat

  • “Change does not roll in on the wheels of inevitability, but comes through continuous struggle. “ – Martin Luther King, Jr.

Investments – Time & Money

  • “Price is what you pay; value is what you get” – Warren Buffet

Measure – Return on Investment (ROI)

  • “The most dangerous kind of waste is the waste we do not recognize” – Shigeo Shingo

Business Efficiencies

  • “I cannot say whether things will get better if we change; what I can say is they must change if they are to get better.”  – Georg C. Lichtenberg

Improvement – Mentor- an easier way to learn and increase efficiencies – Avoid learning the “hard way”

  • That’s the result of Leadership. To make sure that which shouldn’t happen, doesn’t happen” – Tony Blair 

Success- is not a seamless journey. Probably boring if it was. We learn as we grow.

  • I don’t want to get to the end of my life and find that I lived just the length of it. I want to have lived the width of it as well.” Diane Ackerman 

The10 most powerful 2 letter words; If It Is To Be, It Is Up To Me

Thanks for reading!

Deborah Ann Fox, CPA is working to make a difference in peoples lives and wallets, by helping them build and protect their financial health. Her mission is to be an affordable & accessible resource to help answer money questions for individuals and small business. She can help by being your compass while you captain your ship.

Debbie offers free 30 minute no obligation consultations and is available for appointments – including remote. More information is available at http://www.debfoxfinancial.com. Questions or comments can be sent to debfoxfinancial@gmail.com 

 

 

Money Spent, Wisdom Gained, & 20 Helpful Tips

Posted in Budgets, ENTREPRENEUR, Financial Planning, MONEY, parenting, Personal Finance, Small Business, Small Business Finance, Strategy, Tax Planning by

piggy

Many of us have said, “I wish I had known then what I do now; I would have done things differently”.

This is particularly true when it comes to money & our financial situations. Money trouble or challenges occur for a variety of reasons:

We spend when we shouldn’t or we spend without understanding the true cost:

As a student, perhaps we used some of our student loan to go shopping. Maybe, we bought things we knew we couldn’t afford because we wanted or deserved it, or signed contracts without reading or fully understanding them.

We spend because we lose our job & spent our financial safety net to survive

Sometimes we end up in money trouble just because of unexpected life events. This has happened a lot since 2008 when people suddenly found themselves with a “pink slip” & not able to get another well paying job. Even if you had the now outdated 3-6 months livings expense safety cushion, it wasn’t enough. Debt piled up.

We spend because we don’t have any other choice; it is a revolving circle:

When debt piles up, we may play the “rob Peter to pay Paul” tactic & move debt from one card to another.

We pay the bills for the services that are the most important to us – housing, electric, phone, gas, & food and hope we can pay the rest of the bills -soon. We hope something will change and actively seek solutions.

We spend to pay high service fees: Fringe Banking, Unbanked, & Under -banked:

The movie “Spent: Looking for Change”, is about hardworking Americans who do not have access to traditional banking services. The film tells us that there are nearly 70 million Americans that are unbanked & financially underserved. They use check cashers, pawns shops, payday lenders, & money order services. These alternative financial services are expensive & those that least can afford it spend more than traditional bank users to cash their payroll checks & to pay their bills.

We spend because we want our tax refund now:

Low to moderate income tax payers pay extremely high interest rates & fees to get some or part of their tax refund now rather than wait a couple of weeks and avoid these needless high expense charges.

The National Consumer Law Center’s website provides the following description:

  • Refund anticipation checks (RACs) – RACs are a financial product used to deliver refunds and to pay for tax preparation fees by deducting them from the consumer’s tax refund.
  •  RALs from non-bank lenders – A few payday and other non-bank lenders are offering RALs. These loans could be more expensive and riskier than bank RALs.

Since the 2008 recession, many people have permanently changed the way they spend their money.

Following are 20 tips to help you make your money go further. This, then will provide you the opportunity to either pay down debt, build a safety cushion, or invest in your future.

Money Management & Spending Tips:

  1. Some “assets” appreciate and can go up in value; spending money here makes sense
  1. Other “assets” depreciate as soon as you buy them – cars, furniture; consider buying used or refurbished
  1. Accountants use a term called “Sunk Costs” which means a cost that has already been incurred & cannot be recovered; limit your sunk costs
  1. Opportunity Costs: the value of something that must be given up to achieve something else; limit how much you spend on a things that you want; you might need the money later for a need
  1. Good debt provides you an opportunity to get ahead; there can be a return on your investment; i.e. a mortgage on a home
  1. Bad debt includes high interest rates on unpaid credit card balances
  1. Borrowing on credit is expensive; debt makes you a slave to payments; you’re a hostage with limited life choices & flexibility
  1. Building & Maintaining a good credit score means it will cost you less to borrow money
  1. Forgo bad debt & instead, build toward your dreams
  1. When you want to spend instead of save, think about your long-term goals. Is going out to eat, buying coffee at Starbucks, going shopping because you feel depressed or want something new worth adding more debt or forgoing savings?
  1. Read your contracts & plan for both the best & the worse scenario- can you afford both?
  1. Know that managing money is becoming more simple and that there are is a lot of free help
  1. Use the internet to learn more about personal finance- Coursera offers free classes
  1. Use on line tools to help you determine your best money moves; I have several on my website, on the resources page
  1. Hire someone to help you understand & determine your best possible alternatives
  1. Avoid “problem pile-ups”- it is too hard to solve almost anything that way. Choose one thing to work on, resolve, choose another
  1. Don’t beat yourself up if you made what you consider a “money mistake”. Ideally, we all learn as we grow. This is a normal part of life & it is fully possible to recover & regroup
  1. Don’t assume you know the answer, because you think “it is true” or someone told you. Look for the answer yourself or try to get your answers in writing from an objective source
  1. If you are a parent, be careful that you are not unintentionally teaching your children poor money habits by saying things like, “I am not answering the phone, it is another bill collector”
  1. Sometimes we learned poor money habits as a kid and carried them with us in to adulthood without realizing it. This has become so common that there is a new field of study & help: Behavioral Finance. Learn about this is if it applies to you

Deborah Fox, CPA is working to make financial information affordable & accessible. She helps others improve or protect their personal or business financial health by answering specific money questions. She provides information while building knowledge & practical skill levels for her clients. She is available for local or remote appointments. Thanks for reading.

Website: www.debfoxfinancial.com

e-mail: debfoxfinancial@gmail.com

Phone: 619-549-2717

Band-Aids for the Heart, Mind & Soul

Posted in Financial Planning, Financial Wellness, Personal Finance, Strategy by

Red Crossed BandaidsBand-Aids have been around since 1920. Earle Dickson created them for his wife who frequently cut & burned herself while cooking. This “healing aid” is an American Icon. We all know the brand and most of us use it. It is great for life’s little physical injuries.

There are a lot of ways we can feel “injured’ or “hurt”. Sometimes, we are physically hurt. A Band-Aid may be all we need. Healing is fast & easy. Psychological & Emotional “injuries” are more difficult to heal. Band-Aids for those “hurts” don’t come as easy. We have to do some work to get past the hurt. Fortunately, there are some “Tools” we can use to help our growth and healing process.

Zing Ziegler said, “Getting knocked down in life is a given. Getting up and moving forward is a choice”.

History is full of those that supposedly failed and then became a huge success. We can use their stories or our own success to help us keep moving & growing. It gives us hope. We can Turn Our Scars in to Stars and our Wounds in to Wisdom.

Our attitude affects our viewpoint. Will life’s events boost you up or keep you down? Will your childhood or some other event keep you stuck living in the wake of the boat or will you use life’s events to propel your boat forward?

Life is not a straight line. It is a zigzag, always full of ups & downs. There is rain and then the rainbows.

Christmas is a time of hope. We hope for a happy holiday season. We hope for a happy & healthy tomorrow. Most of us hope for a New Year as good or better than we had this year.

Hope is wonderful; sometimes it is all we have as we try to hold on. Hope by itself, is not a good long-term financial or life strategy. We need more. We need to:

  • Accept what is
  • Decide to make a change
  • Act

With this in mind, I offer you my top 12 “Band-Aids “ for psychological & emotional health and wellbeing:

1. Realize that Circumstances happen to us; they do not define who we are, unless we let them:

  • Experience is part of our history and/or background; It is not who we really are
  • We are more than what has happened to us. We can carry “our story” as a burden or use it as springboard for growth
  • Use it as a Spring Board

2. We only “fail” if we stop trying:

  • Everything else can be viewed as gaining the experience or the wisdom we need to move closer to our goal or toward our dreams
  • Keep Moving

3. Know that you can “Come Back” from a tough year, relationship or financial loss:

  • Learn to Let Go of things that weigh you down
  • You need energy to make goals happen. Let Go of a past that drains you
  • Choose to let go of the weight so you can create the energy you need to grow, in your business, or in your personal life

4. Remember & Celebrate Your Past Success:

  • If you overcame an adversity or a difficult situation in the past, you already know you can do it again
  • Do it
  • Celebrate your past success by remembering them. Write them down & use the list as a supportive reminder if you have a bad day
  • Gather wisdom from past challenges to create a better you today

5. Try to Avoid “Problem Pile-up”:

  • If you have more than 1 area that could use an emotional or psychological Band-Aid, it is hard or almost impossible to heal a lot of hurts at one time
  • We can’t fix things when there is a big pile
  • Choose the most important now, and work on that one topic
  • Then choose the next most important item; keep going

6. Decide to leave negative thoughts behind:

  • Ants are “Automatic Negative Thoughts”
  • Thoughts & Feelings can be fleeting
  • We decide to hold on or let them go
  • Choose to let the “ANT’s” go rather than let them run wild
  • Try not to let your unconscious mind be the master of your life
  • Choose Differently

7. Fuel your thoughts with Positivity:

  • Choose to think that life is good and it will be
  • Where thoughts go, energy flows
  • We become what we think about
  • Think positive. Be positive. Act positive

8. Determine your SMART goal. Write it down. Your goal should be:

  • Specific
  • Measurable
  • Attainable
  • Relevant
  • Time-Bound

9. Measure & Monitor Your Success:

  • Document your success and date it
  • Ask yourself, are my actions consistent with my vision, goals, and dreams?
  • Tell yourself, if I fall short, it won’t because of my actions. Remember, actions speak louder than words.
  • If your goal seems too big, decide to Either Step Up or Lower your Goal
  • Baby steps, any forward steps, count too

10. Consider Practicing The Four Agreements:

  • Consciously choose to be impeccable with your word, thoughts, & deeds – with yourself and with others
  • Avoid making assumptions
  • Avoid taking things personal
  • Always do your best

11. Though we might walk “through the valley of the darkness,” we are not supposed to “Camp There”:

  • Just like in life, a one -sized Band-Aid does not fit all wounds
  • Little hurts heal faster than big hurts
  • Big hurts can take more time to heal
  • Be kind to self and give yourself time

12. Change Your Mind Movie:

  • Change the Unconscious “Mind Movie” (the stories we have told to ourselves) to the Consciousness “Mind Movie” (the healthy story you want to tell about yourself).
  • Create a “Vision Board” or “Dream Board
  • The new visual can be based on who you are now or who you want to be in the future
  • Use PowerPoint to create your own Mind Movie. Add your favorite motivational song. Watch and enjoy.

I hope some of my favorite tools help you or yours find a sense of internal peace, health, happiness, and wellbeing.

Conversations are welcomed and encouraged. Life is about heart.

You Count and I Care.

Deb Fox is working to make a difference in peoples lives, hearts, and wallets by helping others protect their financial health and is available for side-by-side, remote, or mobile appointment. More information is available at www.debfoxfinancial.com. Questions or comments can be sent to debfoxfinancial@gmail.com. Thanks for reading

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