Small Business Tax

Savvy small businesses take a proactive approach to seizing all the business tax credits and deductions they’re legally entitled to under current tax law. Don’t add to your tax bill by overlooking crucial write-offs or stumbling over IRS penalties. Topics covered include: donations, home offices, depreciation expense, employment taxes, business gifts, family business, business expenses, vehicle leasing and buy-sell agreements. Learn about key tax rulings and IRS regulations that affect small business tax issues.

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    Q. I sold a real estate property to my son on the installment basis. Is there any tax problem if he resells it at a gain?

    Suppose you converted your IRA to a Roth IRA just before the bottom fell out of the stock market. Based on the inflated value of the account on the conversion date, you were staring down the barrel of a tax disaster. But now you see signs of a market rebound. And you’d like to take advantage of the Roth IRA setup for all the same reasons that attracted you to it in the first place. Strategy: Reconvert your IRA.

    Deductions for employee travel expenses are allowed if they are related to business activities. Strategy: Accelerate business trips planned for January into December. This enables you to write off the travel expenses in 2009 instead of waiting until 2010.

    Is it time to take health care reform into your own hands? Strategy: Investigate the benefits of Health Savings Accounts (HSAs). Although these tax-favored accounts have been slow to catch on with the public, it might make sense for your situation. If it does, sign up for an HSA whether or not health care reform is enacted.

    The tax law provides a special jobs credit—called the Work Opportunity Tax Credit—if you hire workers from one of several economically disadvantaged groups. Strategy: Hire qualified workers before year-end. For instance, if you hire a worker in November and pay him or her $2,000 a month, you can claim a credit of $1,600 (40% of $4,000) this year.

    If you missed out on the popular cash-for-clunkers program this summer, you can still qualify for big tax benefits for an older vehicle by donating your “clunker” to charity. Instead of trading in your vehicle, simply give it away to a qualified charitable organization. This entitles you to a deduction on your ’09 return.

    Q. We may have to pay environmental cleanup costs as a result of an investigation. Can we write off all of the costs on this year’s return?

    Suppose your employees regularly incur business expenses that are not reimbursed by your company. For example, they might personally pay for business travel or tools. If that’s the case, there’s a way you can save income tax for employees while cutting employment tax for your company: Set up a salary reduction plan.

    The IRS now requires many small business owners to use its Electronic Federal Tax Payment System to deposit employment taxes. Your business must use the electronic method if it has aggregate tax deposits of more than $200,000 ... If your company doesn’t comply, it may be assessed a 10% excise tax for failing to deposit taxes on time—even if the taxes are deposited in a timely manner by other means.

    A recent government study showed that the average small business overpaid its taxes by $11,638. That’s sad enough. But sadder still is the fact that the tax code is actually written to favor small businesses like yours.

    You may have to travel away from home on business for an extended period of time. Of course, you’d rather spend weekends back with your family, but it might cost too much to fly back and forth. Strategy: Have your company reimburse you for the air fare. As long as you provide adequate accounting of expenses, the reimbursement is deductible by the company and tax-free to you.

    Q. After her divorce, our daughter and her two small children moved into our home. Can we claim all three as our tax dependents?

    At least there’s a silver lining in the recession: For the first time in more than three decades, the Social Security wage base isn’t expected to increase next year. The actuaries at the Social Security Administration are predicting that the wage base will remain at $106,800 for 2010 and even beyond into 2011.

    Have you seen the ads on TV, or heard them on radio, promoting low-cost payoffs to the IRS for unpaid federal tax debts? Chances are, if something sounds too good to be true, it probably is. And if you’re waiting for the refund from an amended return, it may take awhile longer.

    Q. My father is contemplating a reverse mortgage. Will he have to pay tax on the deal?

    If you’re buying a home, complete the deal before Dec 1. Under a new law provision, you may be able to claim a credit equal to the lesser of $8,000 or 10% of the purchase price. For this purpose, a “first-time homebuyer” is defined as someone who has not owned a principal residence for the three years prior to the purchase.

    The rules for home-office deductions are particularly tough for corporate employees. Even if you legitimately use a home office for business purposes, you may not be entitled to a deduction. It doesn’t matter if you’re the owner of the company. Strategy: Rent the office to the company, which can deduct the rent payments as a business expense. You must pay income tax on the rent payments, but won’t owe employment taxes.

    Q. I have an HSA, but I’m turning age 65 in November. Can I still contribute to the HSA if I enroll in Medicare Part A?

    Are you a rabid fan of the athletic teams at a local college or your alma mater? Here’s a way to pocket a nifty tax break while supporting the school’s gridders, cagers or other athletes: Donate funds to a college booster club or a similar program. That way, you can deduct all or part of the payment as a charitable contribution.

    Have you passed the Social Security wage base of $106,800 for 2009? Once you do, you save 6.2% in Social Security tax on every dollar of wages. Instead of pocketing the cash, you might allocate at least part of it to a 401(k) or other retirement plan.

    A new Tax Court decision could produce a better tax result for many owners of LLCs and partners in LLPs. Strategy: Use a loss from an LLC or LLP to offset other highly taxed income. Previously, it was presumed that such losses usually could be used only to offset income from other “passive” activities. But the new case has opened the door to bigger tax savings.

    Time is running out on a unique tax break for older taxpayers with charitable intentions. Strategy: Donate funds directly from your IRA. Instead of taking a taxable withdrawal and contributing what’s left after taxes, give the full amount to charity. There’s no tax due on the distribution.

    The annual limit for dependent care expenses in flexible spending accounts (FSAs) has remained at $5,000 since the accounts were authorized back in 1986. Now momentum is building in Congress for an increase.

    Q. Our company is hiring temporary workers for a big upcoming job. Do we have to treat them as employees?

    If you're thinking of investing in gold, do it inside your retirement plan. As opposed to the maximum federal tax rate of 15% on most other long-term gains, the maximum tax rate on long-term gains from precious metals is 28%. By using retirement plan funds to invest in gold instead of personal funds, you can avoid a big tax hit on a sale.

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