Nick Magone, CPA, CGMA, CFP®

No Harm, No Foul: New ERC Voluntary Disclosure Program for Impacted Businesses

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Did you file an Employee Retention Credit (ERC) claim in error? Mistakes happen. That’s why the IRS recently introduced a new Voluntary Disclosure Program aimed at helping businesses rectify erroneous claims and repay the funds.

The program is open through March 22, 2024, allowing employers to reimburse the IRS for 80% of the claim they received. Why 80%? Many ERC promoters responsible for leading small businesses astray charged a percentage fee at the time of payment, resulting in recipients never receiving the full ERC amount.

To apply for the Voluntary Disclosure Program:

You’ll need to file Form 15434, Application for Employee Retention Credit Voluntary Disclosure Program, using the IRS Document Upload Tool. Additionally, if the ERC was claimed for any tax period ending in 2020, Form SS-10, Consent to Extend the Time to Assess Employment Taxes, must be submitted along with Form 15434.

Like most employers, you probably use a payroll company that reports, collects and pays employment taxes on your behalf. In such cases, the company — not you — must file Form 15434.

If a third party filed for the ERC on your behalf, they must complete Form 2848, Power of Attorney and Declaration of Representative.

Next steps:

If the IRS approves your application, you’ll be mailed a closing agreement. Repayment may be made online or by phone via the Electronic Federal Tax Payment System. If you’re unable to fulfill the required 80% repayment, the IRS may consider an installment agreement on a case-by-case basis, in which fees and penalties may apply.

Need an informed guide to navigate future situations like these — and protect your company’s interests? Reach out to the professionals at Magone & Company.

New BOI Reporting Requirements — Is Your Business Compliant?

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Beginning this year, your small business may be one of millions dealing with additional reporting requirements. Yes, you heard that right.

Many LLCs, S-corps and C-corps will have new reporting requirements under the Corporate Transparency Act (CTA). In a nutshell, this mandate is intended to help mitigate money laundering by requiring certain businesses’ “beneficial owners” to report their Beneficial Ownership Information (BOI). The goal? To help the Financial Crimes Enforcement Network (FinCEN) establish a national database that can be utilized by national security and law enforcement agencies to combat criminal activities.

So what might this mean for you?

Determining beneficial ownership

Are you a beneficial owner? The beneficial owners of a reporting company can be categorized into two groups:

  • Individuals who exercise substantial control over a reporting company
  • Individuals who own or control 25% or more of a reporting company’s ownership interests

Keep in mind, actual ownership in the company is not a requirement. If you’re a CEO, COO, CFO or president, you may qualify as a beneficial owner.

 Providing BOI to FinCEN

All beneficial owners must submit the following:

  • Full legal name
  • Date of birth
  • Street address
  • Unique ID number which can be obtained from a non-expired US passport, state driver’s license or other government-issued ID

Filing on time

Your reporting due date depends on when your company was created or registered:

  • Before 2024: January 1, 2025
  • In 2024: Within 90 days of its creation or registration
  • After 2024: 30 days to file the initial report

If there are any changes made to your company’s beneficial owners, an updated report must be filed within 30 days. Failure to file both initial and updated reports can result in costly penalties, fines and even possible jail time.

All BOI reports must be filed electronically through FinCEN’s e-filing portal. You may choose to complete or a web-based version of the form or upload a completed PDF version. It’s generally an easy, straightforward process with no associated fees.

Ensuring compliance with BOI reporting requirements

By taking the necessary steps to meet these obligations, you can keep your business in good standing, while contributing to the prevention of money laundering.

For more details on these reporting requirements, check out the Small Entity Compliance Guide or consult your legal counsel for guidance.

How Qualified Charitable Distributions can Fulfill RMD Obligations

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When saving for retirement, tax advantages play a significant role. Traditional individual retirement accounts (IRAs) and employer-sponsored retirement plans such as 401(k)s offer tax-deferred growth, so you don’t pay taxes on the investment gains — as long as the money stays in your account.

However, the IRS doesn’t want you to avoid paying taxes on these funds indefinitely.

If you’re approaching age of 70½, required minimum distributions (RMDs) will help ensure that you start withdrawing money from your tax-deferred retirement accounts and pay the appropriate taxes on those distributions. But did you know that a qualified charitable distribution (QCD) can fulfill your RMD obligations while avoiding taxes on the distribution?

The ABCs of a QCD

A QCD refers to a taxable distribution that is paid directly from an IRA to a qualified charity. According to the IRS, this includes nonprofit groups that have a charitable, educational, religious, literary or scientific purpose, or that work to prevent child or animal cruelty.

When a QCD is directly paid from your retirement account to an eligible charity, it’s not included in your taxable income, meaning the distribution is tax-free. The giver must be at least 70½ at the time the QCD is made.

Because it’s tax-free, you cannot deduct the QCD on your Schedule A as an itemized deduction. In order to claim that charitable contribution deduction, your total itemized deductions must exceed the standard deduction. Keep in mind, the increased income resulting from the distribution could impact your eligibility for certain tax credits and push you into a higher tax bracket.

Questions regarding qualified charitable distributions? Let us help you with tax planning to minimize your tax burden and make the most of charitable giving. Reach out to the tax experts at Magone & Company or call us today at (973) 301-2300 for an evaluation of your tax situation.

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.

CPA vs. Tax Preparer: What’s the Difference?

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Once the calendar flips to a new year (and you’ve barely had a chance to recover from the busy holiday season), Uncle Sam will come knocking at your door to get his share of your taxable income.

Tax season will be here before you know it. But unless you’re a mathematical savant who revels in the joy of crunching numbers and interpreting tax laws, chances are you lean on the sturdy shoulders of a tax professional.

While both Certified Public Accountants (CPAs) and tax preparers are professionals authorized to prepare and file tax returns, their training, certifications, expertise and scope of services vary greatly. So who’s the right candidate?

Here’s a quick rundown to help you hire the ideal tax professional:

Tax preparer

Tax preparers have no college degree requirement, and many lack tax-specific training. In fact, the only pre-requisite for obtaining the required (PTIN) to file taxes on your behalf is the completion of a simple form — one that takes about 15 minutes to fill out.

Why choose a tax preparer? If you or your small business only need assistance filing simple tax returns, they’ll typically apply the most common deductions and tax credits to your return — things like deductions for educational expenses and health care costs, as well as earned income or retirement tax credits. But what they may not do is research more unusual tax credits and deductions.

You can count on them to:

  • Collect relevant financial records and input applicable tax data
  • Determine basic deductions, refunds and payments using federal state and local tax laws
  • File documents with the IRS
  • Offer best steps to take to reduce your tax liability for the coming year

CPA

CPAs, on the other hand, must undergo extensive education and ongoing training to obtain their certification and ensure they’re responsible fiduciaries:

  • Completion of bachelor’s degree program, including 150 credit hours with a concentration on accounting, business and general ed
  • Passing of the AICPA (American Institution of Certified Public Accountants) exam, covering business concepts; accounting and reporting; auditing and attestation and regulations, within 18 months of completing their undergrad degree
  • Licensure by their individual state(s)
  • Annual completion of 40 hours of continued education

Because they have advanced training, CPAs are authorized to represent their clients before the IRS. They also tend to have greater insight into complex tax positions and are well-equipped to assist clients well beyond the tax return, with investments, audits and financial planning.

In addition, CPAs can provide the following services:

For individuals:

  • Estate planning expertise
  • Wealth preservation
  • Budget management and analyses
  • Investment strategy and asset allocation
  • Charitable giving strategies

For businesses:

  • Bookkeeping duties
  • Forensic accounting
  • Cost segregation analyses
  • Financial reporting
  • Audit and assurance services

The choice between a CPA and a tax preparer depends on your unique financial circumstances. Whether you’re a self-employed individual seeking comprehensive financial guidance, a growing business that could benefit from tax planning, or a salaried executive with stock options, there is a professional who can meet your needs.

If you’re looking for a trusted CPA, the professionals at Magone & Company will consider every deduction, break and incentive in preparing your return. Call us today at (973) 301-2300 to schedule a confidential consultation.

Minimize Your Company’s Tax Liabilities: 7 Tips for CFOs

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Today’s CFOs have a lot on their plates. Ensuring that your company remains financially healthy and compliant with tax regulations is a complex and time-consuming process — and that’s just a small part of the role.

So how do you keep up, while minimizing your company’s tax burden?

  1. Brush up on current laws. One thing is for certain each and every tax year — change. To avoid penalties and minimize liabilities, stay informed on tax law updates and regulations that may impact your business, maintain a broad understanding of the tax code and know how to apply applicable provisions.
  2. Take advantage of available tax credits and deductions. Identify and claim any appropriate tax credits to help offset your tax liability and reduce your overall tax liabilities. From the R&D tax credit to the work opportunity tax credit, look for avenues to save. Be the expert on tax deductions, including those for business-related expenses and depreciation. And make sure your business is structured in a way to minimize its tax burden. For example, does it make more sense to run as an S corp, C corp or an LLC?
  3. Review current practices. Are your bookkeeping and accounting practices an accurate reflection of your company’s finances? Are you keeping detailed records of income, expenses, investments, while reconciling your accounts regularly? Even small errors can have a huge impact when it’s time to file your company’s tax returns.
  4. Implement added measures. Consider adding new processes that offer increased visibility into your company’s’ financial performance. From enhanced budgeting and forecasting to strategic cash management practices, these tax optimization strategies can help limit your liability and allow for smarter tax planning.
  5. Simplify payroll tax reporting. You don’t have to do it all. To save time and remain compliant, you may utilize a reliable payroll system to handle tax filings, payroll calculations and deductions on your behalf.
  6. Leverage technology. CFO are increasingly being asked to step up in tech and automation, and for good reason. Thanks to automation, you can free up time and resources from often mundane tax-related tasks. Many accounting software solutions offer features specifically designed for tax reporting to help optimize the tax preparation process.
  7. Foster a cohesive team. Communication should extend beyond the C-suite. Tax considerations and challenges can be handled more proactively when your finance team, tax advisors and other stakeholders work together and maintain open lines of communication and collaboration. And when every employee understands how their role plays into the bigger picture, they’ll be more committed to helping the company be successful.

Make the most of your CPA relationship

Magone & Co can help organizations like yours operate more efficiently — navigating complicated tax laws, identifying potential deductions and ensuring ongoing compliance. Get in touch to see how we can help.

Six Tax-planning Strategies for High-Income Earners

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Whether you’ve successfully started a business or paid your dues to climb the corporate ladder, you’ve put in the hours and made sacrifices to find yourself among the ranks of high-income earners.

But with great success comes great responsibility, particularly when it comes to managing your taxes. As a high-income earner, you have unique opportunities and challenges when it comes to tax planning — ensuring you settle up with Uncle Sam while continuing to grow your wealth.

Here are some tax-planning strategies that may be effective in helping a high-earning taxpayer save more cash:

Utilize retirement accounts. Contributions to retirement accounts such as a 401(k) or an Individual Retirement Account (IRA) can provide immediate tax benefits as you save for the future. By maxing out your contributions to these accounts, you can reduce your taxable income, potentially moving you into a lower tax bracket.

Additionally, any earnings within the account grow tax-deferred, meaning you don’t owe taxes on them until you withdraw the money in retirement — when you might find yourself in a lower tax bracket. Keep in mind, the SECURE Act lets high-income earners age 50 and over save $27,000 a year in a 401(k), so your earnings are sheltered from tax until you take a distribution from the account at age 59 ½ or later.

Take advantage of a Roth conversion. Some high-income earners may be eligible for a Roth IRA conversion — a strategy that converts a traditional IRA to a Roth IRA, allowing for tax-free withdrawals in retirement. While the conversion is taxable in the year it occurs, it can be a savvy move for high-income earners who expect to eventually be in a higher tax bracket.

Establish a family trust. Family trusts are common in estate planning, ensuring certain beneficiaries receive assets when the grantor dies. And when properly structured, a family trust, for example, can help reduce your state income tax liability by moving your investment earnings to a relative with lower marginal tax rates.

Make charitable donations. By donating to qualified charitable organizations, you can support causes you care about, while providing valuable tax benefits. However, it’s important to note that the tax benefits vary depending on the type of donation and your overall income level. You may consider establishing donor-advised funds (DAFs) to manage and distribute charitable donations over time. By contributing appreciated assets — like stocks or real estate — to a DAF, you can potentially avoid capital gains taxes, while still benefiting from the charitable donation.

Consider cash-value life insurance. Also referred to as whole life insurance, cash-value life insurance is one of the most popular tax deferral strategies for high-income earners, especially if you’ve maxed out other retirement accounts. Contributions are made with after-tax dollars, and you can borrow against or withdraw up to the amount of premiums paid without having to pay taxes on it.

Invest in opportunity zones. Created by the Tax Cut and Jobs Act of 2017, the Opportunity Zones tax incentive is an economic development tool, allowing people to invest in distressed areas to help the community and receive a tax benefit. You’ll be granted a tax deferral on the capital gain of the investment until December 31, 2025, or until it is sold prior to this date — whichever comes first.

Keep more of your hard-earned money

As a high-income earner, taking steps to optimize your tax situation is a critical aspect of your financial planning. The professionals at Magone & Company help, offering the guidance and expertise to plan your wealth-preserving tax strategy. Reach out to learn more.

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.