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Small Business Tax Saving Strategies for the 2012 Filing Season. Updated December 12, 2011. Advice for Small Businesses from CPAs. Tax incentive opportunities for small businesses in 2011 and 2012: Expense-related provisions Employee-related provisions Reporting-related provisions
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Small Business Tax Saving Strategies for the 2012 Filing Season Updated December 12, 2011
Advice for Small Businesses from CPAs • Tax incentive opportunities for small businesses in 2011 and 2012: • Expense-related provisions • Employee-related provisions • Reporting-related provisions • Planning opportunities • Year-round tax management
Expenses: Section 179 Deduction • Expensing provision for certain business property • Maximum $500,000 first-year write-off in 2011; $139,000 in 2012 • Most tangible personal property eligible • Includes qualified restaurant, leasehold and retail properties in 2011 • Phaseout begins at $2 million in 2011; $560,000 in 2012 • Limits and exceptions
Expenses: Bonus Depreciation • First-year bonus depreciation allowance for eligible property • 100% deduction for property placed in service in 2011; 50% in 2012 • Property eligibility requirements • Benefits of using bonus depreciation: • Immediate tax relief • Improved cash flow • Additional reinvestment capital
Expenses: Start-up and Organizational Costs • Start-up Costs Deduction in year business starts/succeeding years Can include full range of business investigatory costs First $5,000 in expenses deducted; the remaining is amortized over 180 months The deduction requires an election $50,000+ dollar-for-dollar phaseout • Organizational Costs • Deduction for certain costsin creating C or S corporationor partnership • $5,000 maximum • $50,000+ dollar-for-dollar phaseout • Same rules as businessstart-up costs • Certain legal and accountingfees
Employee Related: Federal Unemployment Tax (FUTA) • Employers pay FUTA tax on first $7,000 of each employee’s wages • 6.2% tax rate through June 30, 2011 • Reduced to 6.0% tax rate starting July 1, 2011 • Credit against state unemployment taxes
Employment Related: Deduction for Health Insurance • Self-employment tax rate reduced by 2% to 13.3% in 2011 • If you are self-employed, you may continue to deduct health insurance costs fromyour business income when determining yourincome tax liability • Deduction for business owner, spouse anddependents (and children under age 27 in certain circumstances)
Employee Related: Worker Retention Credit • Worker retention tax credit for each formerly unemployed worker • Hired after 3/18/2010 and before 1/1/2011 • Minimum one-year employment period • Claim credit on 2011 tax return • $1,000 or percentage of wages paid
Employee Related: Credit for Hiring Unemployed Veterans • Special credit for hiring unemployed veterans • Component of work opportunity credit • Hired after 11/11/2011 and before 1/1/2013 • Up to $5,600 for hiring a long-term unemployed veteran • Up to $2,400 for hiring a short-term unemployed veteran • Up to $9,600 for hiring an unemployed veteran with a service related disability
Reporting: Certain 1099-MISC Reporting Repealed • As in previous years, Form 1099-MISC is used to report payments for business services totaling $600 or more. • Payments to corporations for businessservices do not require a 1099 – Congress repealed. • All other reporting requirements remain
Reporting: Credit Card Transactions • New reporting requirement for merchants accepting credit cards, debit cards, or gift cards • Businesses will need to report income from credit card transactions separately andreconcile credits and returns • Merchants will receive Form 1099-K by January 31 of each year, beginning 1/31/2012 Designed to make sure merchantsare properly reporting income Businesses must provide card processing company with your TIN on a Form W-9
Reporting: Information Return Penalties • Failure to file a correct and timely information return • Penalties significantly increased by Congress • $30 per return if less than 30 days late • $60 per return more than 30 days late, but filed by Aug. 1st • $100 per return, otherwise • Penalties may be waived for reasonable cause • Increase penalty for intentional disregard
Important Tax Rule: Corporation Built-in Gains • No net built-in gains tax on certain property • If sold more than 5 years after conversion from C corporation to S corporation • Special rule for 2011 – normally 10 years • Reduced taxes and additional investment capital
Planning for 2012 and Beyond • Additional 0.9% Medicare tax on certain wages beginning January 1, 2013 • New Medicare tax (3.8%) on certain investment income beginning January 1, 2013 • If Bush-era tax cuts allowed to expire December 31, 2012: • Tax rates increase on regular income, capital gains, dividends • Number of taxpayers subject to Alternative Minimum Tax (AMT) rises • Certain tax credits expire
Planning for Net Operating Losses • NOL deduction available when current year’sincome is less than current year’s deductions • NOLs can be carried back 2 years and forward 20 • Planning required to maximize deduction • NOL versus Section 179 deduction • NOL versus bonus depreciation • Many businesses have large NOLs generatedduring economic downturn. Proper planning willinsure best tax result so that NOL benefits arenot allowed to expire.
Planning for Retirement • Variety of options, designed to fit your needs • 401(k) allows flexibility; salary deferrals and/or employer contributions • SIMPLE IRA and SIMPLE 401(k) are available only to small businesses; for SIMPLE 401(k), employer is required to contribute • SEP is simple, inexpensive
Planning for Business Succession • Critical to start now – need to have plan for unexpected events • Significant impact if a principal owner/ partner suddenly leaves or dies • Several strategies available to finance a smooth transition • Sources of financing can include: • Life insurance • Buy-sell agreement • Grantor trust • Best plan should fit structure of company, personal preferences & needs
Key Takeaways • CPA-small business owner partnership • CPA advice • Year-round tax planning