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Nick Magone, CPA, CGMA, CFP®

Important Update on the Corporate Transparency Act

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Remember the Corporate Transparency Act we told you about earlier this year?

A Texas federal court just issued an injunction declaring the law invalid, stating that the requirements of the Beneficial Ownership Information Reporting exceed Congress’s commerce authority.

The law required submission of a report listing a business’s “beneficial owners”—the individuals who actually own or control the business. Businesses formed on or after Jan. 1, 2024, were required to also provide information about “company applicants,” the people who actually filed business entity formation paperwork.

The stay on reporting comes weeks before the law’s January 1, 2025 filing deadline. Failure to report would trigger both civil and criminal penalties.

Though the due dates have been suspended and penalties will not be instituted, the filing requirement may be reinstated in the future.

If you’re yet to file your Beneficial Ownership Information Reporting, please consult with your attorney to stay ahead of changing requirements.

This document is for informational purposes only and should not be considered tax or financial advice. Be sure to consult with a knowledgeable financial or legal advisor for guidance that is specific to your unique circumstances.

Employing Independent Contractors? 1099 Reminders for Small Businesses

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For small business owners, hiring an independent contractor has many advantages. From access to specialized project skills to reduced onboarding time, it’s a strategic way to increase your efficiency and productivity — without adding to your headcount.

Like every worker, they’re compensated. And any independent contractor earning $600 or more should typically receive a 1099 form from your business come tax time.

Sending out 1099s is an important tax-related obligation. Failure to do so can mean significant penalties. Here are some reminders to stay on top of the task:

Collect essential information. Request W-9 forms from your contractors at the start of every engagement to obtain the following:

  • Full legal or business name
  • Mailing address
  • Taxpayer identification number (TIN), Social Security number or Employer identification number

Fill out the correct form at tax time. Form 1099-NEC (Non-employee compensation) is most commonly used for independent contractors, but a 1099-MISC, for example, may be used for specific types of payments.

Double check for accuracy. Complete 1099 forms accurately, including a contractor’s name, address, TIN and the total amount earned during the year, as well as your business’s name, address and TIN. Any errors or discrepancies can lead to delays in processing and potential fines, so allow ample time to review and address any discrepancies.

Provide copies to contractors. Once the forms are ready, distribute them to your contractors and vendors promptly. 1099-NEC forms for the current tax year are due to payees by January 31, 2025. Deadlines for different 1099-MISC forms may vary from late January to mid-February.

File with the IRS. Paper and e-filing due dates are typically at the end of February for paper filings and the end of March for electronic filings. Check IRS guidelines for exact due dates, as they can change. Current deadlines are as follows:

  • 1099-NEC paper and e-filing – January 31, 2025
  • 1099-MISC paper filing – February 28, 2025
  • 1099-MISC e-filing — March 31, 2025

Keep careful records. There’s always the possibility of an IRS audit, so be sure to maintain copies of all 1099 forms, as well as supporting documentation and payments, for a minimum of four years.

Consequences of 1099 noncompliance

Remember, tax laws, requirements and deadlines can always change, so it’s crucial to stay in the know.

If you have any questions or need assistance, don’t hesitate to reach out to the tax experts at Magone & Company. Together, we can ensure that your small business remains in good standing with the IRS. Give us a call today at (973) 301-2300.

The Tax Implications of International Investments

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There are numerous benefits to investing overseas — from diversification to the potential for more growth opportunities. But as a U.S. taxpayer, if you’re making foreign investments, Uncle Sam still wants his share of the profits.

Keep in mind, different types of investments may require different tax treatments. Get up to speed with the taxation consequences (and potential penalties) of your foreign investments.

Foreign bank accounts. If the total value of all your foreign financial accounts exceeds $10,000 at any time during the calendar year, you’re required to report your balances to the U.S. Treasury Department.

This is done through a process known as Foreign Bank and Financial Accounts Reporting (FBAR). Failure to disclose these accounts can lead to hefty penalties — up to $100,000 or 50% of the balance in the account.

Foreign gifts and bequests. If you received a generous gift or an inheritance from a foreign relative or friend, the IRS wants to know about it.

When the amount exceeds a certain threshold (currently $100,000 from a nonresident alien or foreign estate), you’re required to report it. While you don’t have to pay taxes on it, failure to report can result in a penalty of 5% of the gift’s value for each month the gift is not reported, up to a maximum penalty of 25%.

Foreign financial assets. If you have money in foreign stocks, bonds or mutual funds, you may need to report these assets to the IRS if they exceed a certain threshold. For unmarried taxpayers living in the U.S, it’s $50,000 on the last day of the tax year or $75,000 at any time during the tax year.

For married taxpayers filing jointly, these amounts jump to $100,000 and $150,000, respectively. Similar to foreign bank accounts and gifts, there are penalties for non-reporting, ranging from $10,000 to $50,000.

Controlled foreign corporations (CFC). If you own more than 50% of the total value of a foreign corporation, it becomes known as a Controlled Foreign Corporation (CFC).

As a shareholder, you may be required to report and pay taxes on your share of the CFC’s income, regardless of whether you receive any distributions. This can result in double taxation — when the income is earned by the CFC and when it is distributed.

Foreign partnerships. As a partner in a foreign partnership, you must report your interest in the partnership, contribution to the partnership or acquisition of the partnership.

Otherwise, you face expensive penalties, including $10,000 each tax year that you fail to report these numbers.

Foreign rental property. Rental income from foreign real estate is subject to taxes in the country where your property is located. But as a U.S. taxpayer, you’re also required to report this income on your U.S. tax return.

You may claim depreciation on your foreign rental property on your U.S. tax return, helping to reduce the taxes you owe.

Passive foreign investment companies (PFIC). A PFIC is a foreign corporation that meets either an income test or an asset test:

  1. At least 75% of the corporation’s gross income is “passive” — not related to regular business operations
  2. At least 50% of the company’s assets are investments, which produce income as earned interest, dividends or capital gains

As a U.S. shareholder of a PFIC, you may face high tax rates and interest charges on certain types of income, but taxation varies. For example, gains and distributions received from a PFIC are treated as ordinary income and must be reported. Failure to do so can lead to significant fines and offshore penalties.

Making sense of your tax obligations

Foreign investment taxation is a complex area, but with careful planning, you can navigate these international waters successfully. The experts at Magone & Company can help, working with you to develop a clear, personalized tax plan. Call us at (973) 301-2300 to learn more about our international tax services.

 

This document is for informational purposes only and should not be considered tax or financial advice. Be sure to consult with a knowledgeable financial or legal advisor for guidance that is specific to your unique circumstances.

Beat the Clock: Critical Year-end Tax Tasks for Your Small Business

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As the calendar year winds down, small business owners have an opportunity to make strategic moves that can significantly impact their tax situation.

Taking the time now to review your tax strategy can lead to substantial savings and help you start the new year on a solid financial foundation. Read on for potential tax-saving moves:

Establish a tax-favored retirement plan

If your business doesn’t already offer a retirement plan, now’s the time as current rules allow for significant deductible contributions.

If you’re self-employed and set up a SEP plan, you may contribute up to 20% of your net self-employment income, with a maximum tax-deductible contribution of $69,000 for 2024. Employed by your own corporation? Up to 25% of your salary may be contributed, with a maximum $69,000 tax-deductible contribution for 2024.

Leverage Section 179 deductions

Under current federal income tax rules, there are generous first-year tax write-offs for eligible assets:

  • Up to the maximum allowable deduction of $1.22 million on qualifying property placed in service in tax years beginning in 2024
  • Up to the maximum annual Section 179 deduction allowance ($1.22 million for tax years beginning in 2024) on certain real property expenditures called Qualified Improvement Property (QIP)

Claim first-year bonus depreciations

A 60% first-year bonus depreciation is available for qualified new and used property that is acquired and placed in service in calendar year 2024. That means your business may be able to write off 60% of the cost of some or all of your 2024 asset additions on this year’s return.

Strategize to accelerate or defer income

Deferring income into next year while accelerating deductible expenses into this year may make sense if you expect to be in the same or lower tax bracket next year. On the other hand, if you expect to be in a higher tax bracket in 2025, you may take the opposite approach — accelerating income into this year and postponing deductible expenses until 2025.

Maximize the Qualified Business Income (QBI) deduction

The QBI deduction is scheduled to sunset after 2025, so maximizing the deduction before it disappears may make sense, depending on your tax situation. For tax years through 2025, the deduction can be up to 20% of a businessowner’s QBI.

Claim the gain exclusion for qualified small business stock

Don’t overlook the 100% federal income tax gain exclusion privilege for eligible sales of Qualified Small Business Corporation (QSBC) stock that was acquired after September 27, 2010. QSBC shares must be held for more than five years to be eligible for the gain exclusion break.

Employ family members

If a family member is a bona fide employee, the taxpayer can deduct the wages and benefits, including medical benefits, paid to the employee on Schedule C or F as a business expense — reducing the proprietor’s self-employment tax liability.

In addition, wages paid to a dependent under age 18 are not subject to federal employment taxes, are deductible at your marginal tax rate, are taxable at the child’s marginal tax rate, and can be offset by up to $14,600 (your unmarried child’s maximum standard deduction for 2024).

Questions? Reach out to Magone & Company
Our goal is to help you make smarter decisions to minimize your small business’s tax liability and lower your next income tax bill. If you have questions or would like our expertise in evaluating your tax planning options, give us a call at (973) 301-2300.

This document is for informational purposes only and should not be considered financial advice. Be sure to consult with a knowledgeable tax adviser regarding your taxes.

Countdown to Tax Savings: Year-end Reminders for Individuals

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As the year winds down, there’s an important deadline looming: the end of the tax year. The good news is you still have time to strategize and potentially reduce your tax burden before the New Year. Here are a few possibilities to get you started:

Check your tax withholding

It you had unexpected income or gains earlier this year and haven’t made estimated tax payments, increase your withholding for the remainder of 2024 to reduce or eliminate any underpayment.

Our tax experts can help you adjust your withholding amount to help eliminate an underpayment penalty.

Consider bunching itemized deductions

When filing, you can deduct the greater of itemized deductions — mortgage interest, charitable contributions, medical expenses and taxes — or the standard deduction.

The 2024 standard deduction is $14,600 for singles and married individuals filing separately, $29,200 for married couples filing jointly and $21,900 for heads of households. If your total itemized deductions will be close to the standard deduction, consider “bunching” itemized deductions, so they exceed your standard deduction.

Sell investments

It you’re looking to sell appreciated securities, it’s typically best to wait until they’ve been held for over a year to generate a long-term capital gain. You may also consider selling stocks that are worth less than amount you paid for them. Taking the resulting capital losses this year will shelter capital gains.

Note that selling investments to generate a tax gain or loss doesn’t apply to investments held in a retirement account where the gains and losses are not currently taxed.

Make charitable donations

You can reduce your 2024 taxable income by making charitable donations, as long as your itemized deductions exceed the standard deduction. If you donate assets to a public charity, you can deduct their fair market value and avoid the tax you would’ve paid if you sold the asset and donated the cash.

If you’re 70½ or older by the end of 2024, have a traditional IRA and are unable to itemize deductions, you may consider making 2024 charitable donations via qualified charitable distributions from your IRA.

Convert a traditional IRA into a Roth account

Converting makes sense when you expect to be in the same or higher tax bracket during your retirement years. In that situation, the current tax cost from a conversion this year could be a small price to pay for eluding potentially higher tax rates in the future on the account’s post-conversion earnings.

Spend remaining FSA funds

Generally, flexible spending account (FSA) funds not spent before the plan’s year-end are forfeited. There are a few exceptions, as some employers can allow their employees to carry over up to $640 from their 2024 medical FSA into their 2025 account.

It’s also a good time to consider increasing the amount set aside for next year’s FSA, especially if you put aside too little for the past year and you’re anticipating similar medical costs going forward.

Take advantage of the annual gift tax exclusion

The basic estate, gift and generation skipping transfer tax exclusion is scheduled to decrease significantly from $13.61 million ($27.22 million for married couples) in 2024 to $5 million ($10 million for married couples) in 2026. Annual exclusion gifts can help reduce your taxable estate. For 2024, you can make annual exclusion gifts up to $18,000 per gift recipients, with no limit on the number of gift recipients.

At Magone & Company, we can help you explore practical, easy-to-implement strategies to achieve a more favorable tax situation. We look forward to working together to create a plan based on your unique tax situation. Give us a call today at (973) 301-2300.

This document is for informational purposes only and should not be considered tax or financial advice. Be sure to consult with a knowledgeable financial or legal advisor for guidance that is specific to your tax situation.

The ABCs of an HSA for Your Small Business

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Like any savvy business owner, you may be on the hunt for new ways to make every dollar every count.

If you’re looking for an opportunity to reduce your small business’s taxable income — while offering a strong benefits package to attract and retain talented workers — consider the benefits of offering a Health Savings Account (HSA).

An HSA is a tax-advantaged account that allows participating employees to make tax-free contributions and withdrawals to put toward qualified medical expenses such as:

  • Copays
  • Prescriptions
  • Over-the-counter medications, like acetaminophen or acne medication
  • Vaccinations or flu shots
  • Nutritional supplements and vitamins
  • Durable medical equipment such as wheelchairs and crutches

Your business can set up an HSA for qualifying employees who are eligible for your company’s benefits plan. You can fully or partially fund employee accounts or let employees fund them with salary-reduction contributions.

Considering adding an HSA to next year’s benefits package? Here’s a quick rundown

HSAs are generally flexible and versatile, offering the following tax-saving benefits:

  1. Employers’ contributions are tax-free to their employees
  2. Employees can subtract their contributions from their taxable salaries, equating to a tax deduction
  3. Employees can make tax-free withdrawals to cover qualified medical expenses

HSA accounts may be funded by your business, by employees through salary deductions or through a combination of both. To be eligible for HSA contributions (made by the employer or the employee), your employees must be covered by a qualifying high-deductible health plan (HDHP) and have no other general health coverage.

For employees, eligibility for making HSA contributions isn’t dependent on their level of income. Everyone who’s covered by a qualifying HDHP can have an HSA and enjoy the tax benefits.

As an employer, you can make deductible HSA contributions for your employees. Employer-paid contributions are exempt from federal income tax, as well as Social Security, Medicare and Federal Unemployment Tax Act (FUTA) taxes — a financial benefit for your business.

HSA distributions used to pay qualified medical expenses of the participating employee, their spouse and their legal dependents are also federal-income-tax-free. If no withdrawals are made, an HSA may be used to build up a substantial medical expense reserve fund that can be put aside for the future as needed, all while earning tax-free income.

A win-win for your business?

At Magone & Company, we can help you determine if offering an HSA is a tax-efficient strategy for your small business. Our goal is to help minimize your tax liability now and in the future. Give us a call today at (973) 301-2300.

 

This document is for informational purposes only and should not be considered tax or financial advice. Be sure to consult with a knowledgeable financial or legal advisor for guidance that is specific to your unique circumstances.