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Effective July 1, 2011, the 0.2% surtax on Federal Unemployment Tax (FUTA) is no longer in effect.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 .

The IRS Increases Mileage Rates

In response to continually increasing gas prices, the IRS announced on June 23rd that the optional standard mileage rate will see a 4.5 cent increase to 55.5 cents per mile for July through December 2011.  A 4.5 cent increase is also in effect for medical and moving mileage, raising the rate from 19 cents to 23.5 cents a mile.  If you use the standard mileage rates for recording automobile expenses or for employee reimbursements etc, please note this increase as of July 1st.  Since charitable mileage rates are set by statute, they are not affected and remain at 14 cents per mile. Due to increased IRS scrutiny in the area of mileage reimbursements, it is imperative to keep a written log of all business miles driven with company and/or personal vehicles.

Updated mileage rates, in cents per mile:

Purpose Rates 1/1 through 6/30/11 Rates 7/1 through 12/31/11
Business 51 55.5
Medical/Moving 19 23.5
Charitable 14 14

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

Thinking about purchasing a new SUV? What if you can deduct 100% of the cost?

If you purchase a heavy SUV before January 1, 2012, and use it entirely for business purposes, then the bonus depreciation allowance is 100% in accordance with the 2010 Tax Relief Act.

To ensure eligibility:

  1. The SUV must have a gross vehicle weight (GVW) of 6,000 pounds or more to qualify as “Heavy”
  2. The SUV must be acquired before January 1, 2012
  3. The SUV must be placed in service as 100% business-use before January 1, 2012
  4. The SUV must be “new” not “used”
  5. There must be written documentation to support your business-use percentage

Let’s say a taxpayer purchased a heavy SUV in October of 2011 for $50,000 and used the vehicle 100% for business for the rest of 2011.  This taxpayer can write-off the full $50,000 cost of the vehicle as long as business usage can be supported.

To help you meet the IRS’s substantiation requirements, we have auto logs available upon request.

So, if you’re thinking about purchasing a new SUV and would like to discuss eligibility requirements for your specific situation, please contact Wallace Neumann & Verville, LLP.

Form TD F 90-22.1 “Report of Foreign Bank and Financial Accounts” must be received by the IRS before June 30

The due date for filing Form TD F 90-22.1 – Report of Foreign Bank and Financial Accounts (FBAR) is June 30th. The FBAR must be filed by any US person with a financial interest in or signature authority over one or more foreign financial (bank or investment) accounts where the aggregate balance exceeded $10,000 at any point during the year.

The Department of the Treasury must have received the FBAR by June 30th for it to be considered timely filed. This means if you are mailing this form you must plan accordingly. The FBAR can be filed via express mail such as FedEx and UPS, and you may also walk into any local IRS office and they will forward the FBAR to the Department of the Treasury in Detroit, MI.

June 30th, 2011 is also the filing deadline for certain prior year FBAR’s for signature authority only accounts that were previously deferred.

The penalties for willfully neglecting to file the FBAR could be the greater of $100,000 or 50% of the account balance at the time of the violation. Even without intent, the penalty for non-filing could be as high as $10,000.

So, if you think you may have a financial interest or signature authority over a foreign financial account, please contact Wallace Neumann & Verville, LLP as soon as possible.

What is your chance of being audited by the IRS?

The IRS just released the audit statistics for individuals audited in fiscal year 2010.  Overall, exam rates for individual returns rose to 1.11%.  The last time the audit rate was that high was in 1997.

If your adjusted gross income was $1 million or more, your audit rate increased to 8.36% or 1 out of every 12 returns.  Your chance for an IRS audit doubles if you had the following on your tax return:

1- Adjusted Gross Income in excess of $200,000

2- Schedule C tax returns with gross receipts of $25,000 or more

3- Earned income credit claimed on your return

The IRS continues to feast on S Corporations that pay very low salaries to owners.  Low salaries allow the bulk of the income to pass through to the owner without paying payroll taxes.  A recent case involving a CPA resulted in the district court ruling that the CPA’s salary was too low.  The CPA paid himself $25,000 in salary.  However, his S Corporation earnings were $200,000.   The court reclassified the S Corporation distributions as wages.

Business owners and individuals that keep proper records and can substantiate their deductions have little to fear regarding an IRS audit.  However, the time involved and hassle of an IRS audit can be drag.

At Wallace Neumann & Verville, LLP, we work hard to prepare your return so it is in accordance with Federal tax laws.  If you have any tax questions, please feel free to contact us.

Can the IRS require small businesses to turn over their electronic data??

A study done by the IRS 10 years ago showed that small businesses are among the largest contributors to the “tax gap,” or the amount of taxes owed but not paid because of noncompliance with tax laws.  During the 2001 tax year, the last time the agency measured the shortfall, non-farm sole-proprietor income was estimated to account for about 20% of the $345 billion gap.

With this 10 year old study as ammunition, the Internal Revenue Service is moving aggressively to collect more taxes from small businesses.  One of the strategies employed requires companies being audited to turn over exact copies of the electronic records kept in their business-software programs.  Small business owners feel that providing the electronic records could result in a fishing expedition by IRS auditors.

Last March, the AICPA wrote a letter to the IRS and suggested that companies be allowed to redact software to release only relevant data. Agents have accepted such information in the past.  Larger business with more sophisticated/expensive software are able to lock out portions of data that are not relevant to the audit scope.

Feel free to contact me at Wallace Neumann & Verville, LLP if you would like to discuss any electronic record requests from the IRS.  We are monitoring the issue and the AICPA’s attempts to limit the IRS’s access to electronic data.    If you are interested in reading more on this subject the Wall Street Journal has a great article.

House passes a Bill to Repeal the New 1099 Laws

On March 3, the House of Representatives voted 314-112 in favor of repealing the expanded 1099 reporting requirements for businesses and rental property owners.  The bill now goes to the Senate.  It is uncertain how the Senate will react to the House bill.  The Senate passed a different version of the 1099 repeal back in February (see my blog post http://www.lasvegascpablog.com/2011/02/senate-passes-an-amendment-to-kill-the-new-1099-law/).  If you would like to read more about this bill, the Journal of Accountancy has written a great article. 

Feel free to contact me at Wallace Neumann & Verville, LLP if you would like to discuss how the 1099 law will affect your business.

Senate Passes an Amendment to Kill the New 1099 Law

The Senate approved an amendment to repeal the expanded 1099 requirements which was included in the Patient Protection and Affordable Care Act (Obamacare).   The new 1099 requirement forces business owners to report to the Internal Revenue Service any purchase of goods and services over $600 a year from another business or individual.  The result of this law will cause undue burden on small business owners.  For example, under the new law, a business owner is required to send Chevron a 1099 for purchases of gasoline assuming the business purchases more than $600 from Chevron.  Under the old 1099 law, independent contractors that provided services to business owners received 1099s (i.e. Attorneys, Janitorial Personnel, CPAs, Engineers, etc.).

It is expected that the House will approve the amendment and President Obama is expected to sign the amendment once it reaches his desk.

If you want to read more about this topic, Accounting Today has a great article that discusses the key issues.  Feel free to contact me at Wallace Neumann & Verville, LLP if you would like to discuss how the 1099 law will affect your business.

Bush-Era Tax Cuts Extended Pending Obama’s Signature

The House of Representatives must have felt the Holiday spirit and agreed to the Senate’s version of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, HR 4853.  This bill postpones the scheduled sunset of the lower tax rates introduced in 2001 by the Economic Growth and Tax Relief Reconciliation Act (EGTRRA, PL 107-16); those rates will now continue through 2012. The bill also continues the lower capital gains tax rate introduced by the Jobs and Growth Tax Relief Reconciliation Act of 2003 (PL 108-27) through 2012.

It is expected that President Obama will sign the Act early next week.  In addition to an extension of the lower individual income and capital gains tax rates, marriage penalty relief, and more than 50 other tax benefits popularly referred to as the “Bush Tax Cuts,” the legislation makes over 100 changes to the Internal Revenue Code.

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 also:

  • Reinstates the estate and gift taxes (at higher rates and higher exclusion amounts)
  • Extends the 100 percent bonus depreciation through 2011 and 50 percent bonus depreciation through 2012
  • Extends the deduction for elementary and secondary school teacher expenses
  • Extends the deduction for state and local general sales taxes
  • Extends the deduction for qualified tuition and related expenses
  • Includes an AMT “patch”
  • Provides a one-year payroll tax cut

For the next two years, the new law offers taxpayers some certainty for tax planning.  The new law is temporary and expires after the 2012 tax year.   CCH Tax Briefing has an easy to read Special Report dated December 17, 2010 that highlights the Tax Relief/Job Creation Act of 2010.  Please feel free to contact me at the Las Vegas CPA firm of Wallace Neumann & Verville LLP if you have any questions.  Have a wonderful Holiday Season!

Scrooge does not exist when it comes to Holiday Parties!!!!

When it comes to holiday parties the IRS is no scrooge!  In fact, the IRS says Employee holiday parties are 100% tax deductible (including beverages and decorations).  However, the IRS does have a few caveats.  The expenses cannot be extravagant or lavish (e.g. caviar, lobster, expensive wine or cigars, etc.), and the parties must be infrequent.

If you choose to host a party for your customers or clients, you may deduct 50 percent of the cost.  The expense must not be extravagant, and business must be discussed or conducted either during or adjacent to the event (e.g. going to lunch after a meeting).

WomenEntrepreneur has a fun article that discusses deductions for holiday parties and gift giving.  Please feel free to contact me at the Las Vegas CPA firm of Wallace Neumann & Verville LLP if you have any questions.  Have a wonderful Holiday Season!!!