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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 The traditional tests used to classify independent contractors versus employees are no longer valid, requiring a shift in how you approach this distinction when hiring.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

Cash vs. Accrual Accounting: Making the Right Choice for Your Business

June 7, 2024 by Nick Magone, CPA, CGMA, CFP®

Unless you’re a financial professional, navigating your business’s accounting can seem daunting. One key decision you must make as a business owner is choosing between cash and accrual accounting methods.

Each method has its own set of advantages and considerations.

What’s best for your business? Here’s a quick breakdown:

Accrual accounting. Accrual accounting recognizes revenue and expenses when they’re incurred, regardless of when cash actually changes hands. This method provides valuable insights into your business’s financial health and performance, as it reflects all transactions in real-time.

The downside? If your business has limited accounting expertise, accrual accounting may require more time and resources to implement and maintain.

From a tax strategy perspective, accrual accounting can help you track and manage your receivables and payables more effectively, which can be advantageous for tax planning purposes. And because you can match revenues and expenses with greater accuracy, this can lead to more consistent tax liability over time.

Cash accounting. Cash accounting is a straightforward method that records transactions when cash actually changes hands. Revenue is recognized when it’s received and expenses are recorded when they’re paid.

One of the main advantages of cash accounting is its simplicity and ease of use, making it ideal for small businesses with straightforward finances. However, this method may not provide a clear picture of your business’s financial wellness — especially if you have outstanding invoices or bills.

The cash method is often preferred by businesses due to its flexibility in timing income and deductions, allowing for strategic management of taxable income. This can be beneficial for businesses looking to defer income or accelerate deductions. By delaying the receipt of payments or accelerating expenses, you can potentially lower your taxable income for a particular year.

Expanded cash method eligibility

Under the Tax Cuts and Jobs Act (TCJA), eligibility criteria for using the cash method of accounting has been expanded for small businesses. Previously, the gross receipts threshold for small business classification varied depending on factors such as business structure, industry and inventory considerations.

The TCJA simplified this definition by establishing a single gross receipts threshold of $25 million (adjusted for inflation), making small business status accessible to a wider range of companies.

Considering a change?

While a change in accounting methods may result in tax advantages, it may also add additional administrative complexities, especially if financial statements are prepared using the accrual method for reporting purposes. Consulting with a tax professional can help you make an informed decision and develop a tax strategy that aligns with your business’s goals.

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.

 

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: Small Business

Planning Ahead for Gift and Tax Exemption Decreases

May 24, 2024 by Nick Magone, CPA, CGMA, CFP®

The 2017 Tax Cuts and Jobs Act (TCJA) introduced substantial adjustments to estate and gift tax exemptions. The act nearly doubled the lifetime estate and gift tax exemption to $13.61 million per person and $27.22 million for a married couple.

But nothing lasts forever. The increases in the federal gift and estate tax exemption are temporary and are expected to decrease by the close of 2025 and revert to (significantly lower) 2017 rates.

While there’s a possibility for new tax legislation to pass prior to 2026, families who may face tax liability in the near future should review their estate plans now and make some smart money moves to preserve their wealth — before it’s too late.

Building a strategy with estate planning

Take a proactive approach to help safeguard your goals for your legacy while ensuring that your estate plan remains effective and tax efficient. If your family is impacted, consider some options to build long-term financial stability for your loved ones:

  • A credit shelter trust may be created by a surviving spouse, following the death of a spouse. Also known as a bypass or exemption trust, it allows your assets to pass on to your remaining beneficiaries — with no estate taxes — when the surviving spouse also passes. If you or your family have assets above the exclusion amount when the current law expires, this type of trust might be worth a discussion.
  • Another estate planning tactic for married couples, a spousal lifetime access trust allows one spouse to create an irrevocable trust to benefit their partner. As the grantor, the assets would be taken out of your estate and are available to your beneficiary spouse as needed.This is an option for transferring wealth to your loved one and future generations without exposing the assets to federal estate tax.
  • By transferring assets to your heirs now, you can effectively lower your future estate tax obligation and provide asset protection. But what about highly appreciating assets like real estate, stocks or cryptocurrency that may see significant growth in the future? A grantor retained annuity trust allows you to transfer that asset appreciation to your beneficiaries. That means you can potentially eliminate estate and gift taxes that would otherwise be paid on the value of the appreciation.

At Magone & Company, our goal is to help you create long-term financial stability for you and the people who matter most to you. For estate planning guidance or assistance, 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.

Filed Under: Tax Tips for Individuals

A Chunk of Change: Keeping Your Small Business Financially Healthy Amid New Tax Regulations

May 10, 2024 by Nick Magone, CPA, CGMA, CFP®

Business owners know that keeping up with the latest tax regulations is critical for the financial health and continued success of your organization. And in 2024, there are some major tax concerns to heed.

From expiring provisions of the Tax Cuts and Jobs Act (TCJA) to new reporting requirements, prepare for what’s next so you can best manage your tax obligations — and keep more money in your business.

Here a few key changes to keep in mind this year:

The Qualified Business Income (QBI) deduction phase-out. If you’ve benefited from the QBI deduction in the past, this generous tax break won’t be around after 2025. This deduction allows small business owners more financial breathing room, freeing up money for hiring and expanding operations. But unless new legislation is introduced, applicable partnerships, proprietorships and S-corps may no longer deduct 20% of qualified business income from individual federal income taxes.

Continued bonus depreciation on qualified property. The TCJA changed the applicable percentages and qualifying property rules, allowing businesses to write off 100% of the cost of eligible property. Each year, the bonus percentage decreases by 20 points. Going forward, consider the impact the phase-out schedule may have on your financials:

  • 2024: 60%
  • 2025: 40%
  • 2026: 20%
  • 2027: 0%

Possible tax bracket revisions. The government has recently proposed raising the corporate tax rate to 28% in an effort to create a more equitable tax system. If new legislation is introduced, businesses like yours may experience adjustments in tax liability, depending on your income. To plan ahead, review your current financial position to estimate your projected income for the upcoming year, and determine how your tax bracket may affect your business’s profitability.

Updated reporting requirements. Beginning this year, many small businesses will be required to report information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) in an effort to build a national database to aid in the prevention of using of shell companies for criminal activity. Your reporting due date depends on when your company was created or registered. Get the details to ensure your business is in compliance, or you may face the risk of costly penalties.

Tax planning — A year-round strategy

At Magone & Company, we’ll help your small business proactively plan for new tax regulations before they become effective. Our goal is to help minimize your liability now and in the future. For small business tax planning guidance or assistance, 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. 

 

Filed Under: 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 Owning a Home Can Pay Off at Tax Time

April 12, 2024 by Nick Magone, CPA, CGMA, CFP®

From building equity to growing roots in a community, home ownership has some significant benefits — including some hefty tax savings.

Uncle Sam offers homeowners several tax advantages to help ease the financial burden of your costly investment. If you’re thinking of moving into a new home or just settling into your dream home, homeownership not only provides a place to call your own. It also can offer some valuable savings along the way.

Discount points. Considering a home purchase? If you plan to stay in the home for at least 10 years, buying mortgage points — or discount points — may be worth your while.

Each mortgage point represents one percent of your underlying loan amount. While they’re an additional upfront cost at closing, they’re also a way to negotiate a lower interest rate. Plus, they’re deductible.

Mortgage interest deduction. As a homeowner, you can deduct the interest you pay on your mortgage loan from your taxable income. This deduction can result in substantial savings, especially during the early years of your mortgage when the interest portion of your monthly payment is typically higher.

For example, if you purchased a home with a mortgage loan of $300,000 and an interest rate of 4%, you would pay approximately $12,000 in interest during the first year. By deducting this amount, you could potentially lower your tax liability by thousands of dollars.

Property tax deduction. Property taxes are calculated by the local government and are typically based on the assessed value of your home. The good news is that you can deduct the amount you pay in property taxes from your taxable income, reducing your overall tax liability.

This deduction is particularly beneficial for homeowners who live in areas with high property tax rates.

Home office deduction. If you use a portion of your home exclusively for business purposes, you may be eligible for the home office deduction. This allows you to deduct all direct expenses and part of your indirect expenses involved in working from home, including utilities, insurance and repairs.

Keep in mind, this deduction is calculated based on the percentage of your home that is used for business purposes. So if your home office occupies 10% of your total square footage, you can deduct 10% of your eligible expenses.

Home equity loan interest. A home equity loan allows you to access the equity you’ve built in your home and borrow the funds as needed. You can typically borrow 80-85% of your total home equity.

Similar to regular mortgage interest, you can deduct the interest you’ve paid — as long as the funds were spent on making home improvements.

Medically necessary home improvements. And speaking of home improvements, medically necessary home improvements that help you, your spouse or dependents live safely in the home may be deductible. These include widening doorways, lowering cabinets, adding railings and more.

Time to take advantage of homeownership tax benefits

There are few times in life you can get money out of your house — rather than pouring cash into it. Tax season is a key opportunity!  At Magone & Company, we’ll help you get the most tax savings as a homeowner. For tax planning guidance, 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. 

Filed Under: Tax Tips for Individuals

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