washington small business fair tax workshop september …...(cabs, limo etc.) baggage & shipping...
TRANSCRIPT
425-778-2665 www.nwaccountants.com
Washington Small Business Fair
Tax Workshop
September 21st, 2019Your presenter:
Rizwan Chaudhry
Accounting & Tax Practitioner
SBA Volunteer
CCD Volunteer
Past President WAATP NW Chapter
WAATP State Board
ECC Accounting Dept. Board of Advisors
This material and other presentation content is designed to provide accurate and authoritative information in regard to
the subject matter covered. It is provided with the understanding that the provider/presenter is not engaged in
rendering legal, accounting or other professional service by virtue of providing printed or electronic media, use of
examples or cases or any other form of communication. The information provided in all instances is general in nature
and therefore inherently limited. If legal advice or other expert assistance is required, the services of a competent
professional person familiar with the specifics of your particular situation in ALL respects should be sought.
At the end of this workshop, you will
know...
▪ Where to go on-line for Federal tax help.
▪ What are relative tax pros and cons of the basic business structures (sole proprietor; partnership; LLC; Corporation).
▪ What is the difference between an employee and an independent contractor.
▪ Why you need to maintain good records
▪ What income is taxable and what expenses are deductible as business expenses
▪ When you have to pay Self Employment Tax
▪ How to make estimated tax payments
▪ What are the different types of information tax returns.
▪ What are the tax filing red flags and penalties.
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Where can you go for help?
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✓ Washington Secretary of State web site
✓ Washington Department of Labor web site
✓ Washington Business Licensing Service web site
✓ IRS web site
✓ Your Trusted Advisors-
❑ Tax advisor/CPA/Accountant
❑ Insurance provider
❑ Attorney
❑ Banker/Broker/Investors
❑ Family and friends (subject to expertise)
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Washington Secretary of State Web Site for
Corporation Registration Search
www.sos.wa.
gov/corps/
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Bonus
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▪ Forms &
publications
▪ Online
classroom
▪ Lots of
information
for new
businesses
▪ Industry
specific
information
▪ Employment
taxes
What’s on
IRS.gov?
www.irs.gov
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• You must register with the WA Department of Revenue if you meet any of the following conditions:
• Your business is required to collect sales tax
• Your gross income is $12,000 per year or more
• Your business is required to pay taxes or fees to the Department of Revenue
• You are a buyer or processor of specialty wood products
http://dor.wa.gov/content/doingbusiness/registermybusiness/
WA State Registration requirements
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Sole Proprietorship-
1. Most Common form of Entity Type
2. 26 million filed as Schedule C’s in 2016(70% of all business filings)
3. Is simplest and cheapest form
4. Is formed with one owner
5. File a Master License Application –Dept of Revenue (DOR)
6. May be right for many
7. Unlimited liability
8. Should avoid for high risk business
9. Income flows to individual via Schedule C
10. Drawback – owner cannot be on payroll
11. Need to be disciplined in budgeting
12. Makes estimated tax payments
13. A Schedule C can also qualify for the new (2018) 20% business income deduction.
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Types of Entities-
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Partnership A relationship between two or more
persons who join together to carry on a trade or
business.
▪ At least 2 people
▪ Husband and wife owning a joint business are generally a partnership - Can elect out
▪ Each person contributes money, property or skill & expect share in Profit & Loss
▪ Draw back is that you must share power and have unlimited liability
▪ Files Form 1065, US Partnership Return of Income - information only
▪ Each partner receives a Schedule K-1 (Form 1065): Partner’s Share of Income Credit, Deductions (see pages 1-13 of Pub. 1066)
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Partnership-con’t A relationship between two or more
persons who join together to carry on a trade or
business.
▪ MUST have a Partnership agreement
▪ Preferably by an Attorney – Handshake days are gone
▪ Accountants CANNOT give legal advice!
▪ Spend the money now for a proper set-up to save long and costly battles in the future
▪ No protection from individual liability for General Partners
▪ Partner completes Schedule E of Form 1040
▪ Subject to Self Employment Tax
▪ Partnership income eligible for the new 20% qualified business income tax deduction on partners’ returns
▪ Partners can not be employees of the partnership. (Big drawback!)
▪ Publication 541
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C-Corporations
Regular Corporation (C-Corp) - Files Form 1120 US
Corporation Income Tax Return
Corporations are treated by the law as legal entities, separate from its owners (shareholders).
Individual Liability Protection
Shareholders receive dividends- 1099-DIV (15-35% tax rate)
Employees receive Form W-2
NOT subject to Self Employment (SE) Tax (pay Income Tax)
Publication 542
Possible double taxation (income taxed at corporate level and dividends taxed at individual level)
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S-Corporations
1. S Corporation (S-Corp) - Files Form 1120S
2. Election to be taxed similar to a partnership (Form 2553 to make election by 15th of 3rd month)
3. 100 S/H limit, No Foreign ownership
4. Reasonable compensation (shareholders CAN be employees)
5. An S-Corp does not pay tax on income from daily operations.
6. All income, losses, deductions and credits generated by the S-Corp pass through to it’s S/H
7. Shareholder receives Schedule K-1 (Form 1120S): Shareholder’s Share of Income, Credits, Deductions, etc
8. Shareholder completes Schedule E of Form 1040
9. NOT Subject to SE Tax (Wages subject to FICA)
10. Sub S income eligible for the new 20% qualified business income tax deduction on shareholders’ returns
11. Form 1120S Instructions and Form 2553
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Tax Impacts for Various Entities
Income
Tax on
Your 1040
Income Tax
on Entity
Return
SE Tax on
Your 1040FICA and
Med. Tax on
Your W-2
FICA and Med.
Tax Paid by
Entity Total Tax
Sole Proprietor 5,692 11,169 16,861
Partnership 5,692 11,169 16,861
C-Corp 4,991 4,026 3,825 3,825 16,668
S-Corp 7,673 3,825 3,825 15,323
$1,537
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$1,345
Assumes $73,000 in net income (1,2) or $50,000 salary plus $23,000
income (3,4).
1
2
3
4
Bonus
Limited Liability Company (LLC)
▪ Formed by filing Certificate of Formation with SOS
▪ Not a Federal tax entity (Pub 3402)
▪ Multiple Member LLC Generally Considered a Partnership
▪ Single Member LLC Generally Considered a “Disregarded Entity” & Files as Sole Proprietor
▪ Limited Liability Protection
▪ More flexible form of Business Entity
▪ Can elect to be treated as a C-Corporation - Form 8832 or S-Corporation – Form 2553
▪ LLCs are popular because owners have limited personal liability for the debts and actions of the LLC, without many of the formalities of a corporation.
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Independent Contractor or
Employee
Behavioral Control
Right to direct or control how worker does work
i.e. if you receive extensive directions then EE
How, when, where, what tools to use, what assistants to hire, where to purchase supplies etc
Training
If training is provided about procedures and methods then EE
Financial Control
Significant Investment; Share in profit or loss; Not reimbursed expenses; Written Contract
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Record Keeping Requirements
Records must support income and deductions that show amount, time, place, purpose.
You MUST keep:
receipts, sales slips, invoices, bank deposit slips, canceled checks
Other documents to substantiate income and deductions
Use a separate bank account for business
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QuickBooks used by most Small BusinessesSage (Peachtree Pro)Xero FreshBooksMany others available
Record Retention Guide
3 YRS-
Bank Statements and Recons
EE Personnel Records (after termination)
6 YRS-
AR and AP ledgers
Payroll Tax Records
Cancelled Check copies
Travel and Entertainment
Lease (after expiry)
FOREVER-
Corporate Registration
Purchase and Sale
Minute Books, Audit Reports
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Principal Business Codes
▪ 6 digit code
▪ Found in Sch C Instructions,
▪ Accounting Method
Principal Business Codes
▪ 6 digit code
▪ Found in Sch C Instructions,
▪ Accounting Method
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Principal Business Codes on Schedule C
▪ 6 digit code
▪ Found in Schedule C Instructions,
▪ Accounting Method
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Business Income
All income your business receives unless excluded by law:
▪ Income from sale of product or for your services
▪ Includes Bartering (1099-B)
▪ Other types of income
▪ Recordkeeping
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Business Expense
In order to be deductible, expenses must pass certain
tests:
▪ The expense must be ordinary
▪ It must be necessary to your business
▪ It must be incurred and/or paid by you
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Car & Truck Expenses
▪ If you use no more than four vehicles at the same time for business purposes, you may use the standard mileage rate.
▪ To use the standard mileage rate on a vehicle after the first year of business use, you MUST have used the standard mileage rate the first year.
▪ In later years you can alternate between standard mileage and actual expenses
▪ If you used actual expenses in the first year you can NOT alternate
▪ Standard Mileage Rate Method
▪ Actual Expense Method
▪ Publication 463: Travel, Entertainment, Gift & Car Expenses
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Standard Mileage Rate
▪ 58¢ per business mile for 2019 (2018 54.5¢)
▪ Keep records on business mileage
▪ Can’t take actual expenses if use standard rate
▪ Can’t take depreciation if use standard rate
▪ Consider use of a mileage tracking software like MileIQ
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Commuting Expenses When are They
Deductible?
Home Main job/
business
Client/temporary work
Second job
Never deductible
YES
YES
YESNO
Pub 463
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Bonus
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Travel Expenses –IRS Pub 463
Transportation (Air Fare)
Local Transportation (cabs, limo etc.)
Baggage & Shipping
Auto
Meals (Limited 50%)
Lodging
Cleaning
Telephone
Tips
Travel expenses are ordinary and necessary expenses of traveling away from your tax home for your business.
Tax home is your regular place of business or post-of-duty, regardless of where you maintain your family home.
Deductible Travel Expenses
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Meals and Entertainment Expenses
Substantially curtailed under 2018 Tax Reform Law-
Meals provided for the convenience of the employer are NO
longer 100% deductible. Now 50%.
Company parties are still deductible.
Business entertainment, amusement and recreation
deductions are GONE as are meals associated with
entertainment. Cannot deduct tickets used for business
entertainment. (ex. Mariners, Seahawks).
Business meals may NOT be deductible, even at 50%- additional
guidance from Congress or the Treasury (IRS) is needed.
❑ Business Gift Deduction Still Limited to $25 per client
Publication 463; Travel, Entertainment, Gift and Car Expenses
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Non-Deductible
Club Dues
Membership Fees
Clothing unless job specific- ex. uniform
Initiation Fees
Entertainment Facilities
Lavish or Extravagant Expenses
Entertainment-ex sporting events
Political contributions - exceptions
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Exclusive Use: must use specific area of home ONLY for trade or business
Exception for storage & day care facility
Regular use: area must be used on a regular basis
Trade or Business use: area must be used in connection with a trade or business
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Principal Place of business -
Needs to meet the following tests:
1. Used exclusively & regularly for administrative or management activities of the trade or business
2. There is no other fixed location where substantial administrative or management activities of the business are conducted
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Business Use of Home Test..
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Home Office Deduction-Actual or Simplified Method
SIMPLIFIED METHOD
▪ $5 square feet up to 300 square feet
▪ Up to a total of $1,500.00 per year deduction
▪ No depreciation allowed
▪ Same requirements as Form 8829
▪ No effect on Schedule A deductions for mortgage interest and property taxes!!
ACTUAL COSTS
▪ Share of utilities
▪ Share of house depreciation
▪ Direct expenses such as
repairs
▪ Cleaning
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Hobbies ▪ If you do not carry on your
“activity” for profit you
cannot take a loss
▪ Expenses generally
deductible up to amount of
gross income and are taken
on Schedule A
▪ Individuals, Partnerships,
S-Corporations and
LLC’s
▪ Pub 535
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Bonus
Self-Employment Tax
Self-employed people who are sole proprietors or partners may be subject to self-employment tax.
Self-employment tax is Social Security and Medicare taxes.
Working for someone else they pay half and you pay half.
Working for yourself you pay all of it!
If your net profit from self-employment is $400 or more, you must file Form 1040, Schedule SE, Self-Employment Tax
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Self-Employment Tax con’t
▪ Social Security 12.4%; Medicare 2.9%;
▪ Total =15.3%
▪ Maximum Social Security for 2019 is $132,900
Includes wages (2018 $128,400)
▪ No maximum for Medicare
▪ Pay as you go
▪ Expect to owe taxes - including self employment tax- of $1,000 or more when you file your tax return make 1040ES
▪ Form 1040ES
▪ Pub 505 Tax Withholding and Estimated Tax
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Dates adjusted for
weekend/holidays
June 15June 15June 15
April 15
June 15
Sept 15
Jan 15
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EFTPSThe Easiest Way to Pay Federal Taxes
Secure- Fast-Accurate-Convenient-
Easy-Select Payment Method-By telephone-On-line
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If Sole Proprietor:
Must have one EFTPS for business if you have EE’s
Must have a separate one for self employed earnings estimated payments
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Information Returns Form 1099 Misc.
Payments of $600 or more for services
Rent of $600 or more
Prizes and awards of $600 or more
Royalties of $10 or more
All payments to crew members of fishing boats.
Form W-2.
Form 1099-K for Credit Card transactions
Form 8300.
Cash of over $10,000
Form 114 if have foreign account balance over $10,000 at any time during the year.
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Information Returns
Make sure to get a
completed W-9
BEFORE you pay the
Independent
Contractor!
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Some Red Flags1. Making too much money
If you make more than $200K IRS audit rate increases from about .65% to
3.62%
If you make more than 1 Million rate 6.21%
If you make more than $10 Million rate goes to around 16.22%
2. 1099’s and W-2’s not reported properly
3. Large charitable deductions
4. Home office deductionIt is not home office deduction but rather poor records to support the
deduction.
5. Meals and travel expenses (Entertainment, and possibly some meals,
no longer deductible)Again it is not deduction but rather poor record keeping.
6. Claiming 100% vehicle use when records say something else.
7. Consistent large losses, IRS thinks this may be a Hobby.
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Avoiding Penalties
File an Accurate/Timely /Correct Return
20% Accuracy Related Penalty if You Understate Tax Liability Due to:
Negligence
Substantial Valuation Misstatements
Substantial Understatement of Tax
75% Civil Fraud Penalty
Felony Criminal Fraud
Combined Penalty is 5%/month
4.5% late filing and 0.5% late payment
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CHOOSING A TAX PREPARER
Check Preparer’s Qualifications-
EA, CPA, RTRP or Attorney
Check Preparer History-
Via NAEA, WAATP, AICPA, BAR, NSA
Preparer Fees
Avoid fees based on % of refund
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QUESTIONS ???Be sure to visit www.irs.gov/smallbiz
www.nwaccountants.com
Contact us at: 425-778-2665 or
19125 North Creek Pkwy Ste 203
Bothell, WA 98011
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