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Business Taxes

Employee or Independent Contractor? New Regulations Now in Effect

June 21, 2024 by Nick Magone, CPA, CGMA, CFP®

As an employer, it’s critical to stay informed about changes in regulations that impact how you classify workers.

The U.S. Department of Labor has updated the rules regarding independent contractor classification. The traditional tests used to classify independent contractors versus employees are no longer valid, requiring a shift in how you approach this distinction when hiring.

For years, many employers have grappled with the blurred line between independent contractors and employees. Misclassifying workers can lead to significant legal and financial consequences for your business.

The DOL released a comprehensive six-part test to assist you in correctly classifying workers as either independent contractors or employees. Here’s a brief overview:

  1. Is the work vital to your business? If the worker’s role impacts the core operations of the business, they’re likely economically dependent on the employer. On the other hand, the work of an independent contractor is usually inessential to the organization.
  2. Does the worker’s managerial skill affect their opportunity for profit or loss? An independent contractor can experience both profit and loss based on their managerial decisions, such as hiring, purchasing and marketing. In contrast, an employee’s ability to earn more money is not tied to their managerial skills.
  3. How does the worker’s relative investment compare to your investment? Independent contractors typically make investments that contribute to the growth and success of the business, while an employee’s investment is usually minimal compared to the employer’s.
  4. Does the work require special skill and initiative? A worker’s business skills and initiative play a role in determining their economic independence. But having specialized skills alone does not automatically classify a worker as an independent contractor.
  5. Is the relationship permanent or indefinite? If the worker’s association is ongoing or indefinite, they’re likely an employee. Independent contractors work on a project basis.
  6. What is the degree of your control as the employer? The level of control exerted by the employer is a key factor in determining the worker’s economic dependence. Independent contractors have more autonomy over their work, while stringent control over a worker’s job schedules and tasks indicates an employer-employee relationship.

Implications for employers

It’s essential to review and update your current practices and contracts to ensure compliance with the updated classification criteria. This includes outlining the scope of work, payment terms and the level of control exerted over the contractor.

By keeping detailed records, you can demonstrate compliance in the event of an audit or legal dispute. The U.S. Department of Labor requires employers to maintain careful documentation for each exempt and independent contractor hired including:

  • Forms signed by independent contractors acknowledging their classification
  • A copy of contract between the employer and the independent contractor
  • Copies of any licenses or registrations held by the independent contractor

Taking a proactive approach

While the new regulations may require adjustments to your current practices, they also present an opportunity to ensure fair treatment of all workers and uphold the integrity of your business.

If you’re looking for guidance regarding your employee classifications or business structure, reach out to our business advisory team– we’re here to help.

Filed Under: Business Taxes, Small Business

Financial Metrics That Matter for Business Owners

April 26, 2024 by Nick Magone, CPA, CGMA, CFP®

One crucial element that can make or break your business? Financial management.

Understanding the financial health of your organization is essential for making informed decisions and planning for the future. But to gain valuable insights and take proactive steps to improve your financial stability, you need to know what metrics to track.

Every business is different, but the following metrics can serve as a solid foundation:

Profit and Loss (P&L) statement. Also known as an income statement, your P&L is a fundamental financial tool that tracks your business’s revenue, expenses and profitability. This statement provides a snapshot of your financial performance over a specific period — typically a month, quarter or year — revealing your gross profit margin, operating profit margin and net profit margin.

P&L statements are very telling in terms of how effectively your business generates profit from its core operations and oversees day-to-day financial operations.

Cash flow statement. A cash flow statement shows how cash moves in and out of your business over time, while separating cash inflows (sales revenue, loans or investments) from cash outflows (expenses, loan repayments or asset purchases).

By regularly reviewing this statement, you can identify potential cash flow gaps and take proactive measures to address them. For example, you can negotiate more favorable payment terms with suppliers or make tweaks to optimize your inventory management.

Key performance indicators (KPIs). KPIs are specific metrics that measure various aspects of your business’s operations, helping assess its overall health and progress toward your goals. Important financial KPIs include revenue growth rate, customer lifetime value, return on investment (ROI) and customer acquisition cost (CAC).

By tracking these KPIs, you can best prioritize customer retention efforts, assess the profitability and efficiency of your business’s investments, and identify areas of strength and weakness within your business. CAC, for example, is a straightforward metric. Simply divide the funds spent on customer acquisition by the number of prospects who converted during a given time period. Understanding your CAC is crucial for marketing planning and budgeting, ensuring you’re not overspending time and resources in the pursuit of new customers.

Revenue per employee. This ratio can help you keep an eye on how well you’re utilizing resources, as well as how productive your employees are. The formula is simple: Calculate the total revenue for a set time period and divide your employee count for the same period. The result is a general idea of the value you’re getting from your talent, making sure they’re contributing to your profitability.

Only a starting point

Tracking the right financial metrics is vital for every business owner, and you may need to customize your approach based on your unique business circumstances. With the right knowledge in hand, you’ll be empowered to work smarter and drive your business forward.

At Magone & Company, we can help your business maintain a healthy cash flow and plan for long-term financial success. Reach out to us 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.

Filed Under: Business Taxes, Small Business

How Qualified Charitable Distributions can Fulfill RMD Obligations

January 5, 2024 by Nick Magone, CPA, CGMA, CFP®

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.

Filed Under: Business Taxes, Small Business

6 Financial Faux Pas for Small Business Owners

November 10, 2023 by Nick Magone, CPA, CGMA, CFP®

Fifty percent of small businesses fail within five years. Now, that’s a troubling statistic. What goes wrong? Are you making missteps that could lead to financial failure?

Find out the top financial mistakes that are all too common for small businesses — so you can ensure that you’re not caught in the same painful cycle.

Mistake #1: Not sticking to a budget. When you’re caught up in your business, it’s easy to overlook the importance of budgeting, which can lead to disastrous and costly consequences.

A budget provides a roadmap for your business’s financial journey, allowing you to set realistic goals, allocate resources effectively and make informed financial decisions. It also can help you identify potential financial pitfalls before they become major issues.

Mistake #2: Failing to differentiate personal and business expenses. By keeping personal and business finances separate, you not only maintain accurate records, but also protect your personal assets.

In the unfortunate event that your business faces legal issues or bankruptcy, having separate accounts can shield your personal savings, home and other assets from being seized to cover business liabilities. In addition, keeping separate accounts helps simplify your tax reporting, ensuring that you stay compliant and avoid unnecessary penalties.

Mistake #3: Using credit cards to cover business costs. While a credit card can increase your company’s purchasing power, business credit issuers can lower your credit limit and raise your interest rates at any time.

By putting major expenses on a card, you may pay significantly more in the long-run. Instead, business loans may be a smarter option due to lower rates.

Mistake #4: Expanding your headcount too quickly. During an upswing, it may be tempting to quickly to add to your team. But hiring, training and maintaining new staff is a hefty expense that might not be sustainable. And if you have to let them go, creating severance packages and extending insurance benefits also carry a price tag. Unless absolutely necessary, hold off on hiring to see if the growth persists.

Mistake #5: Neglecting to build an emergency fund. Failing to plan for unforeseen circumstances can leave your business vulnerable to financial shocks. Building an emergency fund is essential, providing a safety net to help you weather unexpected expenses, such as equipment breakdowns, legal disputes or economic downturns. Without an emergency fund, you may be forced to rely on credit cards, which can cripple your business’s financial health in the long-run.

Mistake #6: Doing your own taxes. Did you know that 77% of percent of small business owners feel the burden of business taxes? Unless you’re a tax professional, tackling your own business tax return can lead to trouble.

For example, if you claim too many deductions, you may find yourself getting audited. If you don’t claim enough, you could end up owing the government money that you haven’t budgeted for.  There are many variables that can impact your company’s tax circumstances, so it’s your best bet to consult with a trusted business or tax advisor.

Take charge of your finances now — before it’s too late

The professionals at Magone & Company can help you navigate debt traps, business taxes and smarter financial management practices to help keep your business afloat. Call us today at (973) 301-2300 for a specific evaluation of your situation.

Filed Under: Business Taxes, Small Business

6 Tax Refund Myths: Setting the Record Straight

October 13, 2023 by Nick Magone, CPA, CGMA, CFP®

While tax season is still months away, it’s always top of mind with the Magone & Company team — keeping up on tax law changes, helping clients with tax planning strategies and brainstorming ways to make the filing season as simple and painless as possible.

In our roles as tax professionals, we hear a lot of myths and misconceptions from clients — when to file, what constitutes a “good” return and whether or not to adjust your withholding amount. Falling victim to misinformation could jeopardize your finances or worse, leave you in hot water with the IRS.

Protect yourself (and your money) by dispelling these 6 tax refund falsehoods.

MYTH #1: The bigger the refund, the better.

A large refund isn’t always indicative of a positive financial situation. It just means you’re paying the government too much throughout the year. A tax refund is essentially the return of an interest-free loan provided to Uncle Sam.

By overpaying, you’re lending money without earning any interest on it. This is money that you could’ve used over the course of the year for necessary expenses. And just like individual taxpayers, a hefty return could be bad news for businesses, too.

MYTH #2: You don’t need to adjust withholding for tax year 2023 if you received a refund this year.

It’s important to double check your withholding amount every year, especially if you:

  • Received a large tax refund last year
  • Got married, divorced or had a child (birth or through adoption)
  • Claim the child tax credit
  • Have high income or a complex tax return
  • Are a dual-income family
  • Have dependents age 17 or older

The Tax Withholding Estimator tool can help you determine if you’re withholding the right amount. Remember, withholding takes place throughout the year, so it’s in your best interest to make adjustments as soon as possible.

MYTH #3: The IRS legally has to pay the refund shown on your tax return.

Not so fast. There are several reasons why your refund amount may differ from the amount that was originally calculated — from simple math errors to deductions for past due amounts (child support or student loan payments).

Keep in mind, you’ll receive a letter from the IRS, as well as the Department of Treasury’s Financial Management Service .to alert you to an adjustment in the amount of your refund.

MYTH #4: Amending your return automatically triggers an audit.

This misconception can prevent you from correcting errors or making necessary adjustments to your tax filings. In reality, the IRS encourages amended returns as it allows for accurate reporting and ensures that you’re paying the correct amount of tax.

When making changes, it’s important to maintain accurate documentation and provide supporting evidence, including records of income and deductions.

MYTH #5: The IRS has access to your bank account if you received an electronic refund.

Electronic filing is one of the fastest ways to get your refund — and it’s also secure, meaning the IRS does not gain access to your account.

What about if you owe money? The IRS is not able to withdraw money from your account. Rest assured, if you have unpaid back taxes you will be officially notified by postal mail.

MYTH #6: If you file an extension, you don’t have to pay any amount owed by April 15. An extension to file is not an extension to pay.

You’re still required to estimate the taxes you owe and submit that payment on time. Your return, along with any additional taxes owed, must be filed by October 15 of the same tax year.

Never mind the myths

By debunking these myths, you can navigate next tax season with increased confidence, ensuring your finances are in good shape. If you have any questions, reach out to the knowledgeable CPAs at Magone & Company for tax-related expertise. 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.

Filed Under: Business Taxes, Tax Tips for Individuals

IRS No Longer Processing ERC Claims

September 18, 2023 by Nick Magone, CPA, CGMA, CFP®

You have heard or seen on various media outlets that businesses are not taking advantage of the Employee Retention Credit (ERC). However, many companies offering assistance with filing for the credit are taking advantage of the public and making claims where none exists, all while collecting a hefty percentage of the claim.

The money that can be allegedly obtained seems too good for small business owners to pass up — and it most likely is.

In a press release, the IRS  identified several warning signs (red flags) of aggressive ERC marketing, including:

  • Unsolicited calls or advertisements mentioning an “easy application process”
  • Promoter stating they can determine ERC eligibility within minutes or claiming that a business qualifies for the ERC before any discussion of your tax situation
  • Large upfront fees to claim the credit,
  • Fees based on a percentage of the ERC refund obtained

We applaud the IRS’ recent announcement putting an immediate moratorium on processing new ERC claims through at least the end of the year. This decision comes amid rising concerns about a flood of improper claims, putting small business owners at financial risk. You could be in a much worse position if required to repay the credit (along with penalties and interest) than if you never claimed it in the first place.

Always consult a trusted tax advisor before applying for credits or filling out any paperwork that may cost you in the long run.

Filed Under: Business Taxes, Small Business

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