Business Taxes

Business Owners: Don’t Fall for the ERC Scam

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Your business has likely been the recipient of many robocalls telling you that you’re missing out on the Employee Retention Credit (ERC). Callers promise eligibility and a fast, easy application process. Don’t fall for it, says the IRS.

The ERC (also known as the ERTC) is a tax credit that was introduced during COVID to make it easier for struggling employers to keep employees on the payroll. It was available to eligible employers for qualified wages paid from March 12, 2020 – October 1, 2021 (recovery start-up businesses qualified through December 31, 2021).

Like many pieces of pandemic-era legislation, ERC parameters changed several times, which makes claiming the credit not as straightforward as these cold callers make it out to be.

Third parties typically charge significant upfront fees, without bothering to explain that your business may not be eligible after all. If that’s the case,  your business will not only need to return the refund. You’ll also incur costs to amend your employment tax returns, and may even be subject to penalties and interest.

Don’t fall victim to this or any other scam. If you need to confirm eligibility for this or any other possible tax credits, please get in touch.

Looking for legit tax-saving opportunities? Check out our Small Business Guide to Mid-year Tax Planning.

Small Business Guide to Mid-year Tax Planning

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Want to lower your next income tax bill? Here are some mid-year tax planning strategies for small businesses:

Establish a retirement plan for employees
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 for yourself, you can contribute up to 20% of your net self-employment income with a maximum contribution of $66,000 for 2023. If you’re employed by your own corporation, you may contribute up to 25% of your salary with a maximum contribution of $66,000 for 2023.

Leverage depreciation tax breaks
Current federal income tax rules allow first-year depreciation write-offs for eligible assets placed in service during your business’s current tax year:

  • Depreciation deductions for passenger cars, as well as heavy or light SUVs, pickups and vans used over 50% for business
  • Section 179 deductions for qualifying personal property used for business
  • First-year bonus depreciation for qualified new and used property

Time your business income and deductions for maximum savings
Deferring income into next year while accelerating deductible expenditures into this year makes sense if you expect to be in the same or a lower tax bracket next year, because it effectively postpones part of your tax bill from 2023 until 2024. And after the inflation adjustments to 2024 rate bracket thresholds, the deferred income might be taxed at a lower rate. On the other hand, if you expect to be in a higher tax bracket in 2024, take the opposite approach.

Maximize the qualified business income (QBI) deduction
The deduction based on QBI from pass-through entities was a key element of 2017 tax reform. For tax years through 2025, the deduction can be up to 20% of a pass-through entity owner’s QBI, subject to restrictions that may apply at higher income levels. For QBI deduction purposes, pass-through entities are defined as sole proprietorships, single-member LLCs that are treated as sole proprietorships for tax purposes, partnerships, LLCs that are treated as partnerships for tax purposes and S corporations.

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
Hiring family members can be a useful strategy to reduce overall tax liability. If the 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, thus reducing the proprietor’s self-employment tax liability. In addition, wages paid to your child under the age of 18 are not subject to federal employment taxes, will be deductible at your marginal tax rate, are taxable at the child’s marginal tax rate, and can be offset by up to $13,850 (your child’s maximum standard deduction for 2023).

Questions? Reach out to Magone & Company
Our goal is to get you thinking about potential moves that can minimize your small business’s tax liability before the end of the year. If you have questions or would like our expertise in evaluating your business’s best 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.

Why Your Business Should Prep for an Employment Tax Audit — Now

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In August 2022, the Inflation Reduction Act was signed into law with a provision earmarking nearly $80 billion in funding to support the IRS enforcement of federal tax laws, notably, employment tax.

The IRS typically performs employment tax audits to ensure that a business is compliant with tax filing requirements and to verify the reported amounts.  With more IRS “boots on the ground,” you may want to prepare for a potential employment tax audit sooner rather than later.

Zeroing in on employer liability

Employers are generally required to withhold federal income, Social Security and Medicare taxes (collectively known as employment taxes) from employees’ earnings and forward these funds to the U.S. Treasury on employees’ behalf.

You’re also liable for taxes imposed by the Federal Unemployment Tax Act (FUTA). The IRS examines some employment tax returns to determine if wages, tips, compensation, credits and taxes are reported accurately.

Companies are obligated to remit payroll taxes on a timely basis. These taxes are called trust fund taxes because employee money is held in a trust until the employer makes a federal tax deposit in that amount. Any unpaid trust fund taxes must be immediately available for collection from the business.

In addition, it’s critical to correctly determine whether workers are employees or independent contractors, as it impacts employment taxes. Employee misclassifications can be an expensive mistake. If an independent contractor is misclassified by a company and pays his/her own self-employment taxes, but offsets it with expenses, the government never receives the entire amount owed.

If you’re concerned you may be falling short on your obligations, now’s your chance to make sure you’re in good standing — and fix what’s broken before an employment tax audit is conducted.

Calling for audit improvements

On February 13, 2023, the Treasury Inspector General for Tax Administration (TIGTA) released a report on the need for improvements to the employment tax examination process to increase taxpayer compliance and collection potential.

Employment tax workstreams are set up to focus on probable areas of non-compliance to show cases with a high potential for audit adjustments. But with increased funding, the employment tax audit process is likely to fine-tune its processes and may involve using more technology in selecting who will be subject to an examination.

Here’s an unexpected way that artificial intelligence (AI) could impact your business. An AI algorithm, for example, could examine thousands of tax returns and isolate certain areas where there are anomalies in a matter of milliseconds.

Getting a step ahead

Businesses may use internal or external resources to prepare for an IRS employment tax audit. Internal audits may be better suited for larger employers with an in-house tax department responsible for filing tax returns and other levels of compliance.

For smaller employers, seeking the help of an independent auditor can provide deeper knowledge into the issues being probed.

Staying ahead of an employment tax audit can be a challenging task. Reach out to the CPAs at Magone & Company to ensure you’re on track for IRS compliance.

This information is provided for educational purposes and should not be construed as financial or legal advice. Please consult your accountant or attorney for advice specific to your situation.

6 Ways Small Businesses Can Reduce Their Taxable Income

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If you’re a small business owner stressing about taxes, you’re not alone. Seventy-seven percent of small business owners feel the burden of business taxes.

But you can possibly reduce your tax obligations — and potential headaches — with these money-saving opportunities.

Keep it in the family. If your small business is looking for an extra set of hands, have you considered hiring your spouse? If certain requirements are met, you can deduct contributions made to a qualified retirement plan on behalf of your employees, including your spouse. Plus, if you’re currently paying to cover your spouse under the company’s health insurance plan, you may be able deduct all the health insurance premiums the business pays on their behalf.

Save money on healthcare. Speaking of health insurance premiums, one of the easiest ways to reduce your business taxes is by using a Health Savings Account (HSA). An HSA is a tax-advantaged account that allows you to make tax-free contributions and withdrawals to put toward qualified medical expenses like copays, prescriptions and more.

Deduct marketing expenses. Are marketing expenses tax deductible? You bet — as long as they’re directly related to your business. Marketing expenses that are commonly deductible include:

  • Content development
  • Designing and maintaining a website
  • SEO services
  • Exhibiting at an industry trade show
  • Hiring a marketing consultant

 Make charitable contributions. By contributing to a cause that’s close to your heart, you may be able to deduct a percentage of taxable income. Keep in mind, contributions must be made to qualified organizations that meet IRS guidelines.

Revisit employee compensation. Offering your employees a competitive compensation plan can help you attract and retain the best. And it may also have an added perk of tax-saving benefits for your business. Employee salaries and bonuses are generally tax deductible and are exempt from Social Security and Medicare (FICA) taxes.

There are many variables that can impact your company’s tax circumstances, so be sure to consult with your trusted business or tax advisor before implementing any new tax-saving strategies.

The CPAs at Magone & Company can support you in making the most tax-efficient decisions for your business. Give us a call today at (973) 301-2300 to learn more.

A Chapter 11 Filing Doesn’t Always Mean the End

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In a roller-coaster economy, a struggling company might decide to seek a fresh start under Chapter 11 bankruptcy proceedings — especially if its leadership believes the business could eventually become profitable through debt relief.

Generally, filing Chapter 11 is done voluntarily by a company to protect itself from creditors. It differs from Chapter 7, which involves liquidating or selling off the assets of a business that’s closing its doors. Debts aren’t simply absolved by filing Chapter 11 — though they’re likely to be reduced or paid off over a period of years.

Instead, Chapter 11 allows the business to continue day-to-day operations, as it undergoes downsizing and liquidation. The goal of a Chapter 11 filing is to implement a more sustainable solution to pay off debts and reorganize the business so it may survive this process.

What to expect

There are five major steps involved in the Chapter 11 process:

Step 1. Once the appropriate forms are filed in court, the company is provided immediate relief — called an automatic stay — from creditors. A bankruptcy filing doesn’t always affect business operations, but it will likely influence the stock price of a public company and the borrowing costs for any business. The company continues to pay employees and provide benefits. It’s also able to keep dealing with suppliers and customers so that it may continue earning money.

Step 2. The bankruptcy court appoints a committee to ensure that creditors are dealt with fairly. Notice is provided to parties who believe they’re owed money by the company.

Step 3. The business proposes a reorganization or recapitalization plan. By law, the company has the exclusive right to propose a plan during the first 120 days of the Chapter 11 process. If the business proceeds in good faith, the period may be extended.

Step 4. Once the court collects all claims against a company, hearings are held to estimate the value of any disputed claims. And once the total value is determined, the business can establish whether its reorganization plan is viable. Sometimes, litigation over the priority or handling of creditors arises.

Step 5. A disclosure statement pertaining to all assets and liabilities is presented to the court. If the statement is approved by the court, creditors vote on a reorganization plan and the company distributes payments according to the plan.

Restoring your rep

Even though a business can overcome a Chapter 11 filing and thrive over time, its reputation with customers, suppliers and employees may take a hit. If your company is thinking about filing Chapter 11, be sure to clearly understand what’s involved and the potential impact on critical business relationships. Be sure to consult with your attorney and CPA to help ensure bankruptcy is the right move for a better future.

Don’t already have a trusted CPA working on behalf of your organization? Magone & Company has 30 years of experience assisting organizations during financial challenges. Let’s chat.

Financial Check-up: Is Your Organization Fiscally Fit?

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Comprehensive financial statements can help tell the story of your organization’s financial health. Together, a balance sheet, income statement and statement of cash flows can be powerful diagnostic tools to help evaluate its financial well-being. Moreover, by carefully analyzing them, you may be able to uncover potential money-management problems or even fraudulent activity.

Assets vs. liabilities — The balance sheet

A balance sheet provides a snapshot of a company’s financial health at a moment in time. One side shows the assets owned by a company, such as cash, accounts receivable and inventory. The other side contains liabilities or claims on the assets, including accrued expenses, accounts payable and equipment loans.

Current assets (such as receivables) mature within a year, while long-term assets (such as plant and equipment) have longer lives. Similarly, current liabilities (such as payables) come due within a year, while long-term liabilities are payment obligations that extend beyond the current year or operating cycle.

Net worth or owners’ equity is the extent to which assets exceed liabilities. Because the balance sheet must balance, assets must equal liabilities plus net worth. If the value of your company’s liabilities exceeds the value of its assets, net worth will be negative.

A focus on profits — The income statement

The income statement reports revenue, expenses and profits earned (or losses incurred) over a given period. A commonly used term when discussing income statements is “gross profit,” or the income earned after subtracting the cost of goods sold from revenue. Another important term — “net income” — describes income remaining after all expenses (including taxes) have been paid.

Sales, general and administrative expenses (SG&A) are also indicated on income statements, reflecting business functions, such as marketing, that support a company’s production of products or services. The ratio of SG&A costs to revenue tends to be relatively fixed — no matter how well your business is doing. If these costs constitute a rising percentage of revenue, business may be slowing down.

The income statement can reveal other potential problems. It may show a decline in gross profits, as expenses rise quicker than revenue. Common causes include hiring more employees than needed or doing an excessive proportion of low- or no-margin business. In today’s business environment, many companies are reporting lower gross margins due to rising labor and materials costs — unless they’ve managed to pass along these cost increases to customers through higher prices.

Cash is king — The statement of cash flows

The statement of cash flows shows all the cash coming in and out of a company. Your company may have cash inflows from selling products or services, borrowing money and selling stock. Outflows may result from paying expenses, investing in capital equipment and repaying debt. Ideally, a company will derive enough cash from operations to cover its expenses. If not, it may need to borrow money or sell stock to survive.

The statement of cash flows shows changes in balance sheet items from one accounting period to the next. It’s organized into cash flows from three primary sources:

  1. Operations
  2. Investing activities
  3. Financing activities

To complicate matters, non-cash investing and financing transactions are reported at the bottom of the statement of cash flows. These transactions don’t involve direct cash exchanges. For example, a machine that’s purchased directly with loan proceeds would be reported here.

Although this report may seem similar to an income statement, its focus is solely on cash. A product sale might appear on the income statement, even though the customer won’t pay for it for another month. But the money from the sale won’t appear as a cash inflow until it’s collected.

To remain in business, your company must continually generate cash to pay creditors, vendors and employees, watching your statement of cash flows closely.

 Ensuring tip-top financial shape

Financial statements can be valuable for many purposes — whether you’re evaluating the financial results of your own business or one that you’re considering acquiring, lending to or investing in. An experienced professional can help you assess your company’s financial health, including potential risks and areas of improvement.