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Archive for the ‘Taxes’ Category

Truckers: HVUT Due Date is November 30th this Year

http://www.bizfilings.com/blog/wp-content/uploads/2011/08/Truck-2-iStock_000000760627XSmall.jpgWith temperatures and gas prices both soaring, it’s been a long, hot summer for independent operator-owners and other owners of heavy highway vehicles. However, the IRS’s decision to move the due date for the Heavy Highway Vehicle Use Tax Return to November 30, 2011 provides truckers a chance to chill out and keep a bit of their hard-earned money a few months longer this year.

Owners of a highway vehicle that weighs 55,000 pounds or more must pay an annual vehicle use tax of up to $550 per vehicle in use during the reporting period. Normally the heavy highway vehicle use tax return (HVUT) is based on vehicles in use during the month of July and is due August 31. However, the HVUT is scheduled to expire on September 30, 2011 and efforts to extend it are bogged down in Congress.

In order to avoid the situation where each owner must file two returns during a single twelve-month period (and where the IRS must process two returns) the IRS opted to move the due date from August 31 to November 30. The IRS cautions that HVUT returns should not be filed and payment of the tax should not be made before November 1.

State DMVs Must Accept Prior Year Schedule 1
When the HVUT is paid, the IRS returns a copy of the Schedule 1. Having this proof of payment is required in order to obtain state vehicle registration for any truck, truck trailer or buses that weighs at least 50,000 pounds. The IRS has told the states that they must accept the prior year’s Schedule 1 as proof of payment for any registration applied for before December 1, 2011.

Vehicle owners who need a copy of their Schedule 1 for the taxable period July 1, 2010 through June 30, 2011, should call the Form 2290 toll free number at 866-699-4096 if they are calling from the United States. Those in Canada or Mexico should call 859-669-5733, which is not a toll free call.

Solo Ventures, Hobbies and Full-Time Enterprises

One of the few positive trends to emerge from the recession has been the increase in entrepreneurial activity. This came about because of laid-off or unemployed professionals who took to forming a company as a means of returning to work.

A Kauffman Foundation study clarified this trend, as it found entrepreneurial activity to have risen during the downturn, while hiring among those new ventures declined. This distinction is important when considering whether or not a solo venture is a legitimate business or a personal hobby, as it will likely determine the tax obligations of the operation.

“The IRS will allow you to deduct your full losses against business income and you can use that net loss to offset your other sources of income. If the taxman decides that you are engaging in a hobby, you may only deduct certain itemized deductions,” writes Angie Mohr in the San Francisco Chronicle.

Ultimately, there are many different factors the IRS considers in determining whether an endeavor is a business or a hobby. According to the source, such considerations include time and effort, profit potential, personal dependence on business income, management experience and other details.

Small Business Group Releases Tax Survey

The National Small Business Association, a nonpartisan small business advocacy group, released the 2011 Small Business Taxation Survey Monday, finding the overly complex or bloated U.S. tax code may be hindering growth and productivity throughout the sector.

According to the report, 63 percent of respondents believe the new W2 reporting requirement – a regulation that requires businesses to declare their spending on healthcare – will have a detrimental impact on their businesses.

Additionally, 44 percent of small businesses reported that they use external companies to handle their payroll taxes, which was deemed the most burdensome by the majority of respondents.

“The time for a serious debate on broad tax reform is now. The ever-growing patchwork of credits, deductions, tax hikes and sunset dates is a roller coaster ride without the slightest indication of what’s around the next corner,” said NSBA President Todd McCracken.

But despite, the difficulties many small businesses may be facing on the tax front, the economy’s marked improvement in recent months suggests the sector may soon face a substantial recovery.

For example, entrepreneurial activity, business filings, small business lending and hiring and even exports have all shown improvements in recent weeks.

Why Are You Paying Employment Taxes on Your Investment Income?

Form an S corp to lower unemployment taxes Being a small business owner requires the wearing of many hats. As the lead employee of the company, you must produce for today (creating products/services, managing employees, dealing with vendors and customers, etc.) and for tomorrow (strategic planning, raising capital, forging partnerships). And for all of these efforts, you receive monetary compensation.

But there is another role you serve for your business, separate of traditional employment: You are an investor. And part of the annual compensation you take home is tied to your investment in the company. Yet, many business owners still classify virtually all of their compensation as employment income, not investment income.

And for this oversight, those very business owners are penalizing themselves by paying higher taxes than required by law.

Lower your employment taxes.

 As outlined in the article, “Operating as an S Corporation Can Lower Your Taxes,” you can legally split your take-home income among salary and dividends. By doing so, you shield the dividend payment portion from payroll taxes assessed on both the employee (you) and the employer (your company)—a more than 15 percent tax savings. Examples in the article illustrate this savings.

But it gets even better. . .

Dividends, for regular corporations, are not deductible expenses. So these dividends are considered corporate income subject to corporate taxes (as high as 35 percent), and then to individual dividend tax rates for the recipient. This is often referred to as “double taxation.”

But if you organize your business as an S corporation, these dividends are not exposed to double taxation, just the individual income tax. S corporations are considered pass-through entities for tax purposes, meaning that all earnings pass directly to the owners and are reported on their tax returns.

Form an S corporation, save money.

The key to this money-saving strategy is forming and electing S corporation status for your business.

To get started: You would need to form a regular corporation in the state of your choosing. Then you would need to elect S corporation status with the federal government, filing paperwork with the IRS to allow usage of simplified, pass-through taxation. Be sure to talk with your professional business advisor, lawyer or accountant when considering this options. You can also choose to use an incorporation services provider to help you with these business filings.

Liability protections save money, too.

Obviously, choosing an entity type for your business requires assessing many considerations. And taxation is certainly one of them—but it is only one. The unique circumstances of your business may dictate a different entity choice. If you plan to “go public” with your business, a regular corporation may be best; if you hope to pass along the company to your family members someday, maybe an LLC would be the choice.

There are no hard-and-fast rules about which form to choose. Some of it may rely on your particular comfort level and how you want to run your business. Just be sure to educate yourself on all of your options and to discuss them with a trusted advisor or professional.

And don’t forget: All three formal entity types mentioned above offer limited liability for its owners—your personal assets are protected from business debts. And these types of protections are hard to put a value on, especially when they are needed.

About the author
John L. Duoba is the publisher and managing editor of Business Owner’s Toolkit at www.toolkit.com, and while he is not a fan of double taxation, he has a soft spot for double-cheeseburgers.

Tax Day: Let’s Make the Tax Code Fair

k-arslanIt is a sad, but true fact: health insurance is a luxury item for many small business owners, purchased when times are good and forsaken when times are lean. This is especially true for self-employed and micro-businesses – our nation’s smallest businesses. Thanks to a minor quirk in the tax code that has a major effect on their bottom lines, the self-employed are the only business entities that receive no tax benefit for purchasing coverage. Every other type of business, like corporations and partnerships, can write off the cost of health insurance as a business expense.

Congress delivered a temporary reprieve of this historic oversight in the form of the self-employed health care tax deduction included in the passage of last fall’s Small Business and Credit Jobs Act. For the 2010 tax year, self-employed business owners are able to deduct the cost of their health care coverage, which will put about 15% of their premium back in their pocket. For the average self-employed business owner, the temporary deduction amounts to about $2,000.

A large business might not notice an extra $2,000 on its books, but this is not an insignificant amount to a self-employed business owner. The temporary health care tax deduction could pay for an extra phone line for a year or fund online advertising. It could be used to purchase new office equipment or pay for an energy efficient lighting upgrade. These are tangible benefits to small businesses that can help them stay competitive — and in business — in an economy that continues to shun robust recovery.

But here’s the rub. Congress only gave self-employed business owners the 2010 tax year to claim this deduction. An overwhelming number of the potential beneficiaries of the deduction won’t be able to take advantage because health coverage is a luxury they can’t currently afford. Self-employed business owners need Congress to make the deduction permanent and make the tax benefit of purchasing coverage fair to all business entities.

What the self-employed need is more than just lip-service from President Obama and Congress, who both are proclaiming that it’s the small business community that will put our economy back on track. We don’t need another major piece of legislation: thoughtful tweaks to existing law will help small businesses stay afloat and expand. The temporary self-employed health care tax deduction is a step in the right direction, but making it permanent is just one of the little fixes our policymakers can address to support the small business community.

About the author
Kristie Arslan is the Executive Director for the National Association for the Self-Employed. The NASE is the nation’s leading resource for the self-employed and micro-businesses, bringing a wide range of benefits to help entrepreneurs succeed and to drive the continued growth of this vital segment of the American economy. The NASE is a 501(c)(6) non-profit organization and provides big-business advantages to hundreds of thousands of micro-businesses across the United States. For more information, visit the association’s website at www.NASE.org. 

Both Parties: 1099 Tax Provision a Burden on Small Business

A provision put forth in last year’s healthcare reform bill has caught the attention of both parties in Congress, prompting both sides to seek a repeal of the contested 1099 provision that requires businesses to report all purchases of $600 or more to the Internal Revenue Service.

Congressional Republicans and Democrats, as well as President Barack Obama, have argued that the bill only serves to burden businesses, particularly small ones, with financial and regulatory paperwork.

In response, three Senate Democrats signed a letter to House Speaker John Boehner requesting that the House repeal the provision. Republican Representative Dan Lungren of California summarily introduced the “Small Business Paperwork Mandate Elimination Act of 2011,” according to CNN Money.

“The engine of our economy is small business – and we cannot afford to do anything that would stall our economic recovery,” said Lungren in a written statement. “We should be supporting policies that contribute to job growth, not imposing yet another new government mandate on the backs of small business owners.”

The original intent of the 1099 provision was to generate additional revenue to pay for the healthcare reform act, as it was projected to generate $19.2 billion over the next nine years. However, most critics agree that its burden on the business community and entrepreneurs forming a company does not justify the measure.

Earlier this year, the Senate defeated two separate amendments to the small business jobs bill that would have repealed, or mitigated, the controversial expansion of Form 1099 reporting requirements scheduled to go into effect on January 1, 2012. For further coverage on this controversial provision and the impact it will have on small businesses visit Toolkit.com.

What Are Your Payroll Tax Obligations in 2011?

How do you handle your payroll tax obligations in 2011? The New Year brings a reduced payroll tax for 2011 and extends the current income tax brackets through 2012.taxes

So what does this mean for employers?

According to the experts at Business Owner’s Toolkit, employers should take action to begin using the new withholding tables and minimizing the Social Security tax withheld as soon as possible in 2011, but no later than Jan. 31, 2011. Additionally, employers have until March 31, 2011, to make adjustments if Social Security is over-withheld during the month of January.

“The employer’s tax rate remains at 6.2 percent; also, the Medicare (Hospital Insurance) tax remains at 1.45 percent for both the employer and employee. Thus, the total ‘Social Security’ tax burden this year is 13.3 percent, rather than the 15.3 percent in previous years. This reduced Social Security withholding will have no effect on employee’s future Social Security benefits,” cites www.toolkit.com.

Pending further action from Congress with respect to payroll taxes, the employee portion of the tax will revert to 6.2 percent in 2012.

Consult the IRS percentage method tables for income tax withholding to learn more.

Many Small Businesses Asserting Problem is Not Tax Credits But Low Demand

In light of Thursday night’s Congressional passage of the $801 billion tax credit package, many small business owners are pointing out that it is not tax credits that businesses are in need of – it is greater demand.

“I don’t think (the tax cuts) will matter much at all. I have such confidence in my business that even without the tax cuts I would have taken the money off my home line,” small-business owner Susan Povich, referring to a credit line on her home mortgage, told Reuters.

President Barack Obama’s tax plan, which passed through the House of Representatives at midnight Thursday night, will extend Bush-era tax cuts that would have expired at the end of this year until 2012 – a measure Republicans have touted as crucial in promoting business growth and job creation.

However, the private sector is currently sitting on a massive trove of liquid assets which, in light of economic conditions, they are merely hesitant to spend. According to Federal Reserve data, as of September, $1.9 trillion in cash is currently held by private business, accounting for 7.4 percent of total company assets – the highest rate in more than 50 years.

With such a bounty of funds waiting to be unleashed, economists and lawmakers have been trying to determine measures to provoke spending and hiring on a massive scale – a surefire kick-start to entrepreneurs forming a company and widespread economic recovery.

Last Call for Taking Advantage of Some Tax Credits and Deductions for 2010

The end of 2010 means it may be your last chance to maximize a number of tax credits and deductions – unless Congress acts to extend these provisions beyond 2010 before it adjourns.taxes

No better time than the present – since it’s a risk to bet on Congress when planning for your future. Take advantage of what you can now.

A few of the major provisions set to expire at year’s end include:

  • Say good-bye to the American Opportunity Credit. This credit provides many taxpayers a credit for a broad range of educational costs. In 2011, minus congressional action, the education credit resorts to the far more limited Hope Credit. To take advantage of these fleeting moments with the American Opportunity Credit, step up 2011 educational expenses in 2010. For example, the experts at  www.toolkit.com recommend that you pay that second semester tuition bill for your college junior or senior by Dec. 31 because post-2010, only the first two years of post-secondary education tuition is eligible for the credit. Dish out the dough for all those required books and supplies for all your students this year as well. These expenses are applicable to the American Opportunity Credit but not the Hope Credit.
  • Make energy-conscious home improvements. You can save up to $1,500 on your 2010 income tax bill if you make purchases toward the end of the year to improve your home’s energy efficiencies. The non-business energy-property credit is available for certain energy-efficient home improvements, spanning major purchases to more minor items implemented before the end of the year. Keep in mind that the $1,500 limit is a combined 2009 and 2010 limit. This means if you claimed the full amount of credit last year, you will not be able to do so this year.

As always, make sure to check with your accountant to ensure you cover all bases relative to your business.

P.S. Tax and business attorney Barbara Weltman reminds us that today is the due date for the final installment of corporate estimated tax for 2010. Review your income and expenses to date so your corporation doesn’t overpay what’s owed; it won’t receive any interest on the money. It’s better to make a mistake on the side of underpaying what’s owed since underpayment penalties today are modest because of low-interest rates. Corporate estimated tax rules are explained in IRS Publication 542.

NASE Applauds President and Congressional Leaders for Bush-Era Tax Compromise

k-arslanKristie Arslan, Executive Director of the National Association for the Self-Employed (NASE), released the following statement on the compromise between President Obama and Congressional leaders on extending the Bush-era tax cuts, leading the way for economic relief for the small business community and the middle-class:

“The compromise between President Bush and Congressional leaders on extending the Bush-era tax cuts is a win for the small business community,” said Arslan. “During this time of economic uncertainty, small business owners need this economic relief for their very survival. Over 23 million individual small business owners will now be able to keep their businesses on a path to a recovery without the threat of closing their doors due to a big tax bill in April. NASE applauds President Obama and Congressional leaders for working in a bipartisan way for America’s middle-class.”

About the author

Kristie Arslan is the Executive Director of Legislative Offices for the National Association for the Self-Employed. The NASE is the nation’s leading resource for the self-employed and micro-businesses, bringing a wide range of benefits to help entrepreneurs succeed and to drive the continued growth of this vital segment of the American economy. The NASE is a 501(c)(6) non-profit organization and provides big-business advantages to hundreds of thousands of micro-businesses across the United States. For more information, visit the association’s website at www.NASE.org.