Underfunded at the IRS?

The IRS has a new buyout program that encourages employees to accept early retirement.  Under the new buyout program, about 400 employees are being offered $25,000 to exit the IRS early.  This program is similar to the buyout offer that emerged last November.  The November buyout also promised $25,000 to those that accepted early retirement.

The buyout program has emerged on the heels of reports made to Congress regarding increasing workloads expected from IRS employees just as lawmakers threaten budget cuts at the IRS.   The increasing complexity of the Tax Code, frequent changes in tax laws, and demands for IRS employees to help oversee programs such as the health care reform law have placed a large strain on the Service’s resources.  Currently, it is estimated that the IRS employs approximately 100,000 employees.

For more information, read IRS Offers Early Retirement Buyouts to Employees: Accounting Today.   As always, please feel free to contact your Las Vegas CPAs if you have any questions.

Independent contractor or employee? New California Law

Over the last few years, there has been a lot of discussion regarding tougher laws on the misclassification of independent contractors who should be employees.  In 2008, a bill was introduced by the House of Representatives that would add a new IRS Code Section eliminating a tax safe haven for worker misclassification.  Last September, the IRS and DOL (Department of Labor) signed a Memorandum of Understanding that allows the two agencies to exchange information freely regarding worker misclassification.  Recently in California, a new bill (Senate Bill No. 459) was passed into law that imposes new penalties and the posting of a letter (“Scarlet Letter”) in a conspicuous place of business by the employer if they misclassify workers.

Penalties – Who’s Liable?

Violators of the law that voluntarily and knowingly misclassify employees as independent contractors may be imposed a civil penalty of $5,000 to $15,000 per occurrence (per worker misclassified).  Additionally, any “paid person” that knowingly advises an employer to inappropriately treat a worker as an independent contractor and not an employee will also be liable for the same penalties.  In other words, not only are you on the hook for the penalty, so are your consultants.

New Notice Requirement – “Scarlet Letter”

Additionally, an employer found to have violated the law must post a notice which is displayed prominently on its website (front page) announcing to its employees and the general public about its worker misclassification violation.  Businesses that do not have a website must prominently display the notice in a conspicuous place (front store window).  The notice must remain posted for at least one year.

What this means to you

The purpose of the new law in California is to boost the correct classification of workers.  It allows the Labor Commission in California to investigate employers and assess additional penalties if a misclassification is detected.  We encourage employers to meet with qualified professionals and/or tax attorneys to make sure they correctly classify workers.

Additionally, the IRS recently released a new program called the Voluntary Classification Settlement Program (VSCP).  A VCSP agreement is a contract between the IRS and the employer to voluntarily reclassify workers as employees without the exposure to an IRS audit, penalties and/or interest.  We will write more about the IRS’s new VCSP agreement in an upcoming blog.  As always, feel free to contact a Las Vegas CPA at Wallace Neumann & Verville, LLP for help.

New foreign asset reporting guidance on Form 8938

The IRS issued detailed guidance on the new law requiring individuals with an interest in a “specified foreign financial asset” during the tax year to attach a disclosure statement to their income tax return for any year in which the aggregate value of all such assets is greater than $50,000 (or a dollar amount higher than $50,000 as the IRS may prescribe). In addition, the IRS issued Form 8938 (Statement of Specified Foreign Financial Assets), which individual taxpayers will use starting in the 2012 tax filing season to report specified foreign financial assets for tax year 2011. The guidance consists of detailed temporary regulations. They define terms that apply for purposes of the reporting requirement; provide rules to determine if a specified individual must file a Form 8938 with their annual return; define what are specified foreign financial assets; detail what information needs to be reported; provide guidelines for valuing specified foreign financial assets; list exceptions to the reporting requirements; and describe the penalties that apply for failure to comply with the reporting requirements.

As always, feel free to contact one of the Las Vegas CPAs at Wallace Neumann & Verville, LLP for guidance regarding the new foreign asset reporting guidance.

New Tax Breaks for Hiring Unemployed Veterans

Under the Recovery Act, employers who hired certain unemployed veterans were eligible for a tax credit up to 40% of the first $6,000 (maximum credit of $2,400).  This credit was to expire at the end of 2010.

Last week, the President signed into law two new tax credits for businesses dubbed the “Returning Heroes Tax Credit” and the “Wounded Warrior Tax Credit.”  The credit amounts depend on the amount of time the veteran was unemployed.  Here are the breakdowns:

The Returning Heroes Tax Credit

  • 40% of the first $6,000 paid to a veteran that has been out of work for between 4 weeks and 6 months
  • 40% of the first $14,000 paid to a veteran that has been jobless for 6 months or more

The maximum amounts for the credits range from $2,400 to $5,600 per newly hired unemployed veteran.

The Wounded Warrior Tax Credit

  • 40% of the first $24,000 paid to disabled veterans that have been jobless for 6 months or more

The maximum amounts for the credit is $9,600 per newly hired unemployed disabled veteran.  This is an expansion of the “Work Opportunity Tax Credit” for disabled veterans which used to be capped at the first $12,000 of wages.  This law expands the maximum tax credit from $4,800 to $9,600.

As always, feel free to contact a professional at Wallace Neumann & Verville, LLP for guidance regarding the new business tax credits.

Wallace Neumann & Verville, LLP hires an IRS Revenue Agent

Wallace Neumann & Verville, LLP (WNV) is proud to announce that we have added Romeo Razi to our team of professionals.  Romeo spent the last two and a half years working as a revenue agent for the Internal Revenue Service.   Romeo’s skill set as a revenue agent will help expand WNV’s existing IRS audit representation practice.

Romeo graduated from UNLV and earned two Bachelor of Science degrees in Computer Science and Mathematics.  Romeo also earned his Master’s of Accountancy while attending UNLV.  Romeo has also successfully passed the CPA exam and will be working on gaining his CPA credentials while he works at WNV.

If you are being audited by the IRS or have questions regarding IRS audit procedures, you may want to contact Romeo or any of the Las Vegas CPAs at Wallace Neumann & Verville, LLP.

New feature for tracking sales leads in QuickBooks 2012

A brand new feature in QuickBooks 2012 that our clients may find useful is the ability to track sales leads.  The new Lead Center can be accessed under the customers menu.  Contact information for leads can either be entered by clicking on the “New Lead” button or imported from an Excel spreadsheet with the “Import Multiple Leads” button.

Under the name field, leads can be assigned a status of hot, warm or cold.  The criteria for classifying a lead with a status is up to the business owner, but typically companies assign a warmer status to sales prospects with a higher likelihood of becoming customers to which they focus more attention.

When a lead is selected in the Lead Center, a series of tabs appear in the bottom pane.  In the “To Do List,” marketing efforts are planned out and assigned due dates.

When marketing efforts pay off and a lead becomes a customer, it is easy to transfer the contact information for a lead to the customer list within QuickBooks.  Simply click on the “Convert to a Customer” button in the lead center.

Although the Lead Center may not have the customer relationship management features to meet the needs of all businesses, it is a nice addition to QuickBooks that will be helpful for small businesses that either don’t currently track leads or manage them on paper or in Excel.

For a detailed analysis about the Lead Center in QuickBooks 2012, read this post by Charlie Russell on the Sleeter Group blog.

If you’d like help using the Lead Center in your business, please feel free to contact me or another professional from our team of Las Vegas CPAs.

O% Tax on Qualifying Small Business Stock

The “Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010,” includes an extension of the 100% exclusion from income on gains resulting from the sale of qualifying small business stock.

The Job Creation Act of 2010 contains a provision that amends Section 1202 of the Internal Revenue Code of 1986.  The amendment temporarily permits the exclusion of 100 percent of the gain from the sale of certain “qualified small business stock” acquired after September 27, 2010 and before January 1, 2012.  The stock must be held for more than five years by a non-corporate taxpayer.

Qualifying small business stock must be acquired from a C corporation.  Gross corporate assets must not exceed $50 million.  Gains eligible for the exclusion are limited to the greater of ten times the taxpayer’s basis in the stock or $10 million of gain from stock in that corporation.

Before you purchase Qualified Small Business Stock, you may want to ask your CPA about the tax consequences regarding the investment.  As always, feel free to contact a professional at  Wallace Neumann & Verville, LLP  for guidance regarding the tax consequences of investing in Qualified Small Business Stock.

Document Management in QuickBooks 2012

Document Management has been a built-in feature in QuickBooks for a couple of years, but the recently-released 2012 version made a change that may make it an attractive option for some of our clients.  In the 2012 release, it is now free!

Document Management allows a user to attach a document to a QuickBooks record (for example, a bill, estimate, invoice, check, customer, vendor, etc).  This feature can help a business easily retrieve documents, become electronically organized, and operate in a paperless environment.

On most of the input screens within QuickBooks, there is a button with a paperclip that says “attach.”

QuickBooks Attach buttonWhen this button is clicked, a window will appear with options to attach a document from the computer, scanner, or the Doc Center (where QuickBooks stores attached files).  This window also has an easy drag and drop interface.

After a document is attached, the paperclip on the attach button turns green.  Whenever a user opens a transaction with an attached document, clicking on the button with a green paperclip will open the document.

The Doc Center can be opened by going to the Company menu, then Documents, then Doc Center.  In the Doc Center, there is a list of attached documents that can be searched, sorted, opened and removed.

QuickBooks Doc Center

There are a few issues with Document Management:

  • The free feature with QuickBooks 2012 only stores documents locally.
  • Businesses that handle sensitive information or have employees should consider that documents are stored locally in a folder named “attach” where the QuickBooks company file is stored and anyone with access to that folder will be able to see those files.
  • QuickBooks backup files do not include attached documents.  Users will need to make their own backups of the “attach” folder.
  • Documents will not transfer with a QuickBooks file that is sent to someone on a different computer or network (for example, an accountant or bookkeeper).

If you are interested in electronically storing documents but QuickBooks Document Management does not meet your needs, you may want to consider a third-party vendor.

For a more detailed blog post about QuickBooks Document Management, read this post by Charlie Russell on the Sleeter Group blog.

If you’d like to schedule an appointment to discuss implementing QuickBooks Document Management in your business, please feel free to contact me or another professional from our team of Las Vegas CPAs.

The Dark Side to Commodity Investments (ETFs) – Reporting the Tax Liability

Molly, a client of mine, just sent me a great Wall Street Journal article called “Exteme Tax Frustration” and it discusses tax consequences of commodity investing specifically “exchange-traded-funds” or ETFs.  As commodity prices soar, investors are rushing into the trendy ETF investment strategies (specializing in commodities like oil, currencies and gold).

ETFs can carry potential tax pitfalls such as higher tax prep fees, different tax rates and reporting requirements in various states.  A popular ETF that I have seen on clients’ tax returns, SPDR Gold Shares, is discussed in the Wall Street Journal article:

SPDR Gold Shares, for example, holds gold bullion in a “grantor trust.” As such, profits and losses aren’t claimed by the trust but “flow through” to holders and are taxed at their income-tax rates.

There is a big difference at tax time:  While holders of gold stocks in a mutual fund would pay tax on long-term capital gains (those held longer than a year) of 15%, long-term gains for Gold Shares holders are taxed at 28% because physical gold is a “collectible.”

Most ETFs are organized as partnerships and they issue a reporting statement called a K-1.  The K-1 is like a 1099 from a traditional brokerage account received at the end of the year but much longer and complex.  CPAs interviewed by the Wall Street Journal said each K-1 from an ETF can take up to an hour to input into a tax return.  The additional time necessary to understand and report an ETF investment adds to the tax preparation bill.

The article’s advice is:

For investors in commodity ETFs, tax surprises can dent or even erase the gains you thought you got. With these new products, the old adage “know what you own” may not be enough. You also need to know what you’ll owe.

Before you invest in ETFs, you may want to ask your broker or CPA about the tax consequences and estimated tax preparation fees regarding the investment.  As always, feel free to contact a professional at  Wallace Neumann & Verville, LLP and they can help determine the tax consequence of an ETF investment.

FUTA Tax Rate Decreases from 6.2% to 6.0%

Effective July 1, 2011, the 0.2% surtax on Federal Unemployment Tax (FUTA) is no longer in effect.  The tax rate has been reduced from 6.2% to 6.0% and applies to the first $7,000 of wages paid to each employee during the year. Generally, a credit for amounts paid into state unemployment funds can be applied against the FUTA tax.

What this means for employers

Employers are encouraged to separately track their FUTA tax calculations. The first group should be calculated using the 6.2% tax rate for the period covering January 1, 2011 through June 30, 2011. The second group should be calculated using the 6.0% tax rate for the period covering July 1, 2011 through December 31, 2011.

What employers can do to maximize their credit

The maximum allowable credit is 5.4% of FUTA taxable wages. This translates into a 0.6% total FUTA tax rate after June 30, 2011 (6.0% – 5.4% = 0.6%). Employers who pay their state unemployment taxes (SUTA) in full, on time, and on all the same wages subject to the FUTA tax will be eligible for the maximum credit, as long as their state is not a credit reduction state.  See IRS Publication 15 for more information.

How this will affect the 940 tax return

The IRS will revise Form 940, Employer’s Annual Federal Unemployment Tax Return, to handle the FUTA rate change for the calendar year 2011.

If you have any questions about how this rate decrease will affect you, feel free to contact us at Wallace Neumann & Verville, LLP .