Author: Pearson & Co, PC

20 Sep 2023

VIRGINIA TAXPAYERS … BETTER LATE THAN NEVER! 

Learn About $1 Billion in Tax Relief
2023 Tax Rebate Plus, Increased Standard Deduction 

If You Receive a Check from the Commonwealth of Virginia …  
Here’s the Reason Why!

Virginia 2023 State Budget Approved

Six months overdue, the Virginia budget was finally approved by lawmakers on Wednesday, September 6,
2023. The compromise budget legislation is the result of lawmakers, urged by Governor Youngkin, returning to
the negotiation table after months of deadlock. The politically divided Virginia General Assembly approved the
long-delayed budget … voting in an unusually fast-paced special session.

Gov. Glenn Youngkin said “I appreciate the hard work of the General Assembly and our budget conferees to
send a budget to my desk,”. “While the process took longer than needed, more than $1 billion in tax relief is on
the way to Virginia veterans, working families and businesses.” 

“I’m really pleased with the budget we have before us today. The negotiations have been very intense and very
extended. But the outcome is both fair and balanced towards the priorities of both the House and the Senate,”
said Democratic Sen. Janet Howell of Fairfax County, who co-chairs the Senate Finance and Appropriations
Committee.

House Appropriations Chairman Barry Knight, R-81st District, said it was a “bipartisan, bicameral compromise,”
Republican Sen. Steve Newman called it “as fiscally responsible a bill as I’ve ever seen.”

The budget was forwarded to Governor Youngkin’s desk for review pending his final signature. Consistent with
the shared consensus among lawmakers, he signed the budget on Thursday, September 14, 2023, without any
requests for revisions or amendments.

Two Significant “Wins” for Virginia Taxpayers 

Number 1 – Tax Rebates:  
Included in the budget is about $1.05 Billion in tax reductions for eligible Virginians in the form of one-time tax rebates. Qualifying individual taxpayers will receive $200 … joint filers, $400. Virginia issued similar rebates for the 2022 tax year, sometimes referred to as “stimulus checks” … returning massive budget surpluses to eligible residents.

Taxable or not? … That is an obvious next question. Most taxpayers receiving state tax refunds do not have to include the state tax refund in income for federal tax purposes. As a general rule, taxpayers who choose the standard deduction on their federal income tax returns do not owe federal income tax on state tax refunds for the 2023 tax year, according to the IRS.

That said, there could be some exceptions particularly in cases where taxpayers itemized deductions. As ever, be sure to consult a trusted tax professional before you file your 2023 federal income tax return.

Number 2 – Increased Standard Deduction:  
The Virginia standard deduction is increased for the 2024 and 2025 tax years. Single filers will enjoy a $500 bump in their standard deduction … from $8,000 to $8,500. Joint filers will benefit from a $1,000 increase … to $17,000 from current $16,000.

10,000 Feet View of Other Budget Provisions

  • Sales tax holiday reinstated; 
  • $645 million in aid for K-12 public education; 
  • Fund behavioral health initiatives including new crisis-receiving centers and stabilization units; 
  • $200 million in new resources for economic development-related site acquisitions; 
  • $62.5 million in additional funding for college financial aid; 
  • $12.3 million for the Virginia Employment Commission to help address the unemployment appeals backlog and support call centers; 
  • $250,000 to establish a Department of Corrections ombudsman within the state’s watchdog agency;  
  • State Corporation Commission to continue a widely supported reinsurance program that reduced premiums this year. 

The above presentation is meant as an overview only.
Give us a call and we’ll quickly help you with questions.

17 Aug 2023

NATIONAL TAXPAYER ADVOCATE MIDYEAR REPORT TO CONGRESS

“The difference between the 2022 and 2023 filing seasons … like night and day,”
– Erin M. Collins

You, or one or more people you know, suffered through the 2022 tax filing season … refund and return processing delays, correspondence processing holdups, and difficulty reaching the IRS by phone.

The Good News! 

National Taxpayer Advocate Erin M. Collins released her statutorily mandated  2024 Objectives Report to Congress. She wrote in her introduction to the report, “In submitting this report, I’m finally able to deliver some good news: The taxpayer experience vastly improved during the 2023 filing season. The difference between the 2022 and 2023 filing seasons was like night and day.”

Taxpayer Advocate Service

The Taxpayer Advocate Service (TAS) is an independent organization within the IRS. Its mission is to be the “voice of taxpayers” to ensure that every taxpayer is treated fairly and understands their rights. TAS efforts are based on four priorities:

  1. Help taxpayers with problems they can’t resolve with the IRS.
  2. Understand your issues as a taxpayer and assure you that we’re here to help you.
  3. Protect taxpayers’ rights.
  4. Recommend changes to Congress to help prevent future problems.

“What a Difference a Year Makes” – Positive Progress

Here are two specific examples of enhanced taxpayer services rendered by the IRS in 2023 as presented in the TAS 2024 Objectives Report to Congress: 

Processing of original tax returns. 

  • For the week ending April 22, 2023, the IRS had 2.6 million unprocessed individual and business tax returns, compared to 13.3 million as of the same date in 2022, a reduction of 80%.

Telephone service. 

  • In 2022, the IRS answered 10% of the 7.5 million calls it received, keeping each caller on hold for an average of 29 minutes. In 2023, the IRS answered 35% of the 32 million calls it received, keeping each caller on hold for an average of eight minutes.

Click Here for more details.

Fraud & Identity Theft – Effect on Processing Times

Business processing delays are largely attributed to Employee Retention Credit (ERC) claims. The ERC is a refundable tax credit authorized by Congress to encourage employers to retain employees during the C-19 pandemic. The IRS has received a significant number of fraudulent claims … serious enough to warrant inclusion of the offenses on its “Dirty Dozen” list of tax scams.

The result for processing times is impacted by submission of amended returns by businesses. At the end of May, the backlog of ERC claims was estimated at 800,000 with more forms arriving daily.

“The influx of fraudulent claims has put the IRS between a rock and a hard place,” Collins wrote. “If the IRS pays out claims quickly without taking the time to review them individually, it will be making some payments to individuals potentially engaged in fraud. If it takes the time to review claims individually, legitimate businesses who need the funds Congress authorized to help them stay afloat may not receive them in time.”

Click here for more info on fraudulent ERC advisors.

Victims of identity theft have suffered from particularly long and frustrating delays. The average cycle time for Identity Theft Victim Assistance cases closed in April 2023 was 436 days … nearly 15 months … about three months longer than the 362-day cycle time for cases closed in April 2022.

Conclusions & Recommendations 

“Despite these areas of relative weakness,” the report says, “the big picture shows taxpayers had a much easier time reaching the IRS this filing season, reducing the need for repeat calls and lengthy wait times – a welcome relief for millions of taxpayers.”

Notwithstanding these improvements, the report confirms the IRS is still behind in processing amended tax returns and taxpayer correspondence. Typically, employees in the IRS’s Accounts Management function perform two roles – they answer telephone calls, and they process taxpayer correspondence, amended returns, and other cases.

The report says the IRS was much more effective in answering taxpayer calls this year, “but [that] could only be accomplished by prioritizing the phones over other IRS operations, and it resulted in greater delays in the processing of paper correspondence.”

Collins wrote … “to achieve and sustain transformational improvement over the longer term, the IRS must focus like a laser beam on IT”. In the report, Collins’ office urged the IRS to focus its efforts on modernizing outdated technology meant to improve the taxpayer experience. That is possible because of the additional $20 billion in funding that the IRS is budgeted to receive.

Collins’ IT to-do list includes:

  • Robust online accounts for taxpayers that are comparable to accounts provided by banks and other financial institutions;
  • Allowing all taxpayers to e-file tax returns;
  • Allowing taxpayers to receive and submit responses to information requests electronically in all interactions with the IRS; and
  • Replacing its 60 discrete case management systems that have limited ability to communicate with each other with an integrated, Service-wide system.

“But with adequate funding, leadership prioritization, and appropriate oversight from Congress, I believe the IRS will make considerable progress in the next three to five years in helping taxpayers comply with their tax obligations as painlessly as possible,” Collins wrote.

The above presentation is meant as an overview only.
Give us a call and we’ll quickly help you with questions.

24 Jul 2023

EMPLOYEE RETENTION CREDIT

Pandemic-Era Tax Break … Now a Pandemic of Abuse!

At the height of the C-19 pandemic, the Employee Retention Credit (ERC) was introduced to help both business owners and workers maintain payrolls and income respectively. For those businesses that qualify, the ERC is a refundable tax credit intended for employers that continued paying employees … either while shut down due to the COVID-19 pandemic or that had a significant decline in gross receipts during the eligibility periods.

The sheer dollar amount of potential tax credits, plus the administrative burdens to expedite financial relief became an open invitation for fraudsters. In this year’s annual Dirty Dozen summary, the IRS posted the following:

Taxpayers should be aware of aggressive pitches from scammers who promote large refunds related to  the Employee Retention Credit (ERC). The warning follows blatant attempts by promoters to con ineligible people to claim the credit. 

The Service has published at least six warnings about ERC abuse since October 2022, including making it No. 1 on its annual “Dirty Dozen” list of the 12 top tax scams earlier this year.

Profile of Abuses 

The IRS highlighted these schemes from promoters who have been blasting ads on radio and the internet touting refunds involving Employee Retention Credits. These promotions can be based on inaccurate information related to eligibility for and computation of the credit. Additionally, some of these advertisements exist solely to collect the taxpayer’s

personally identifiable information in exchange for false promises. The scammers then use the information to conduct identity theft.

These promoters “present wildly misleading claims about this credit,” reported IRS Commissioner Danny Werfel. “They can pocket handsome fees while leaving those claiming the credit at risk of having the claims denied or facing scenarios where they need to repay the credit.”

You have seen and possibly responded to ads like the following, rampant on TV, radio, print and social media. And the call-to-action is compelling … promise of no up-front fees … just a share of the credit your company receives from the IRS.

Claim Your Business Tax Credit From the IRS!
If you own a business that had employees during the COVID-19 pandemic, contact us today to see if you qualify for up to $26,000 in tax credits per employee. This is not a loan, so there is no need to pay it back. Plus, we don’t get paid unless you are eligible and receive your credit. 

What is the ERC? You Need to Be Cautious. 

In this piece, we offer a summary of the ERC requirements and benefits. Additionally, we’ll share some cautionary thoughts for those of you who are contemplating or have already enlisted the services of a third-party ERC adviser.

The ERC is a refundable payroll tax credit rewarding businesses that continued to pay employees while shut down due to the COVID-19 pandemic or had significant declines in gross receipts from March 13, 2020, to Dec. 31, 2021.

The credit may be as much as $5,000 per employee in 2020 and up to $7,000 per employee per quarter (for the first three quarters) in 2021. That could add up to a maximum credit of $26,000 per employee. Eligible employers can claim the ERC on an original or adjusted employment tax return for a period within those dates.

Employer Eligibility: An employer is eligible for the ERC if it:

  • Sustained a full or partial suspension of operations limiting commerce, travel or group meetings due to COVID-19 and orders from an appropriate governmental authority or,
  • Experienced a significant decline in gross receipts during 2020 or a decline in gross receipts during the first three quarters of 2021 or,
  • Qualified in the third or fourth quarters of 2021 as a recovery startup business.

Click here for more detail on each of the above eligibility requirements.

Filing Deadlines: Employers have until April 15, 2024, to file Form 941-X for the eligible quarters in 2020; and until April 15, 2025, for eligible quarters in 2021.

Note: Wages reported as payroll costs for PPP loan forgiveness or certain other tax credits can’t be claimed for the ERC in any tax period.

Employers … You Need to Be Cautious!  

Third-party advisers are typically new operations put together to capitalize on the preparation of ERC applications for employers. Lack of experience along with aggressive marketing often results in improper advice regarding employer eligibility and computing the amount of credit claimed.

Employers must become aware of the risks associated with engaging third-party promoters. Here are four critical concerns to be addressed:

  • Often, third-party advisers do not make it clear to employers that they will need to amend their business’s federal income tax return for the corresponding period because any payroll taxes used in the computation of the credit are no longer deductible.
  • Receipt of the refund from the IRS does not preclude the agency from examining the employment tax return and disallowing the credit. Employers are always responsible for the accuracy of the information reported on their tax returns. Improperly claiming the ERC could result in repayment of the credit, plus penalties and interest.
  • Employers that have received the ERC may be an audit target given the anticipated expansion of new IRS agent hires.
  • In the event the IRS disallows the ERC claim, fees paid to third-party companies may not be refundable.

Employers Considering Engaging a Third-party Adviser

Here are performance criteria to help evaluate the value a prospective adviser brings to the strength of your company’s ERC qualifications, filing efforts and subsequent follow-up.

At your request, a legitimate capable adviser will:

  1. Describe its history as tax advisers including whether the practice is exclusively devoted to ERC claims.
  2. Detail their policy to provide audit defense plus refund fees if all or part of the ERC claim does not survive an   IRS audit.
  3. Not claim a high IRS audit success rate as the IRS audit program is so new that success claims are meaningless.
  4. Demonstrate a solid understanding of the facts and circumstances of your business operations before the pandemic as well as during each quarter of the pandemic … with special attention to the wage limits during the first three quarters of 2021?
  5. Prepare a written account of the specific state or local governmental orders your business was subject to and a description of the impact of each on your business operations.
  6. Review with you any circumstances pertinent to your ERC claim where the IRS guidance regarding ERC eligibility is unclear and that the adviser’s interpretation may prompt scrutiny by the IRS.
  7. Not present a sense of urgency for you to act by asserting the available funding for ERC claims is fast being depleted. Not so!  See above for filing claims deadlines.
  8. Make it clear to you that qualified wages applied in ERC computations are no longer deductible on your business income tax return?

Employers Who Already Engaged a Third-party Adviser and Filed an ERC Claim  

If you now have second thoughts about the advice that led up to your ERC claim filing, your best next step is to seek counsel from an independent tax adviser to review the merits of your claim and the adequacy of your documentation.

If your independent review results in the recommendation to amend or withdraw your ERC filing (Form 941-X), you may be able to sidestep interest and penalties … along with the time, expense and stress of an IRS audit.

Alternatively, if your independent review delivers written opinion that your claim has a solid foundation based on relevant ERC tax law … at the very least you will be able to demonstrate your intent to honestly pursue support of your claim with appropriate facts.

The above presentation is meant as an overview only.
Give us a call and we’ll quickly help you with questions.

20 Jun 2023

SECURE 2.0 ACT … NEW RULES FOR YOUR 401(K) OR IRA

Dozens of Provisions Intended to Improve Retirement Security

The Secure 2.0 Act was signed into law in late December 2022. The legislation builds on the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 to further strengthen the retirement system—and Americans’ financial readiness for retirement.

Surveys conducted by the Fed report a retirement crisis for many Americans:

  • only 75% of non-retirees have any retirement savings whatsoever, and
  • only 40% feel that their retirement savings are on track.

While version 2.0 of the Secure Act introduces over 90 provisions intended to improve retirement outcomes, here are the 5 Key Takeaways.

  • Expanded access to retirement plans,
  • Raising the age for Required Minimum Distributions (RMD)
  • Limiting costs to withdraw funds,
  • Increasing retirement savings, and
  • Lost & found database.

Here’s a look at the major provisions of the Act as they relate to the above 5 categories. 

Expanded Access to Retirement Plans 

Beginning in plan years after December 31, 2024, 401(K) and 403(b) plans will be required to automatically enroll participants at the time they become eligible under the plan provisions. All current 401(K) and 403(b) plans are grandfathered. Note: Employees retain the option to not participate.

Initially the automatic enrollment amount is at minimum 3% and no more than 10%. In subsequent years, the amount increases until it reaches at least 10% but no more than 15%.

Prior to enactment of the Secure 2.0 Act, employers were required to allow part-time workers to participate in the employers’ 401(K) plan once they have attained:

  • One year of service with 1,000 hours, or
  • Three consecutive years of at least 500 hours of service each year.

The new rules reduce the three-year minimum to two years effective January 1, 2025.

Raising the Age for Required Minimum Distributions (RMD) 

Under the old rules, participants were generally required to begin taking distributions from their retirement plans at age 72. Effective January 1, 2023, the new RMD rules raise the age to 73 … with a further increase to 75 on January 1, 2033.

One benefit of the change may be enjoyed by plan participants who choose to move retirement plan assets to a Roth IRA. The amount converted be taxable. That said, Roth accounts don’t require RMDs during the owner’s lifetime … plus qualified withdrawals down the road are tax-free. That is in stark contrast to traditional 401(K) and IRA plans.

Limiting Costs to Withdraw Funds 

Prior to the change in rules, early distributions from tax-advantaged retirement accounts such as 401(k) plans and IRAs are subject to an additional 10% tax. Under the new provision, employees can withdraw emergency expenses from their accounts for “unforeseeable or immediate financial needs relating to personal or family emergency expenses.”

Those emergencies may include withdrawals for:

  • Domestic abuse victims
  • Individuals with terminal illness
  • Qualified disasters

Plan participants are limited to one distribution of up to $1,000 per year and have the option to repay it within three years.  No further emergency distributions are allowed during the three-year repayment period unless repayment has been made.

The emergency withdrawal provisions are effective after December 31, 2023.

Increasing Retirement Savings 

Saver’s Match: The new rules provide for eligible low-income earners who make contributions to retirement plans to receive a nonrefundable tax credit paid in cash. The credit is equal to 50% of plan contributions, up to $2,000 per individual to be deposited in the taxpayer’s retirement plan account.

The tax credit is effective for tax years beginning after December 31, 2026, and is scheduled to phase out between $41,000 and $71,000 in the case of taxpayers filing a joint return ($20,500 to $35,500 for single taxpayers and married filing separate; $30,750 to $53,250 for head of household filers).

Higher Catch-up Limit for Ages 60-63: Employees who have attained age 50 have been permitted to make catch-up contributions up to $6,500 over and above the basic limits. Now, for tax years beginning after December 31, 2024, the catch-up limit is extended for taxpayers between 60 and 63 years old. The new limits … the greater of $10,000 or 50 percent more than the regular limit in 2025.

IRA Catch-up Limit Indexed for Inflation: The Act indexes the contribution limit for years after 2023.

Retirement Savings Lost & Found 

Retirees and plan administrators sometimes lose track of each other’s contact information due to changes in name and/or address. The act mandates the creation of a retirement savings lost-and-found online searchable database to be managed by the Department of Labor. The database is to be established within two years of the date of enactment of the act. The database will allow individuals to search for plans and the contact information of the administrator of any plan in which they are or were a participant or beneficiary.

Have Immediate Questions or Concerns?

Pearson & Co stand ready to help as needed. A phone call or email is all it takes.
We’ll respond promptly.

20 Jun 2023

IRS CAUTIONS POST TAX-SEASON SCAMS CONTINUE

Taxpayers, Businesses & Tax Professionals Be Aware

IRS Commissioner Danny Werfel sums up the threat: “Scammers are coming up with new ways all the time to try to steal information from taxpayers. People should be wary and avoid sharing sensitive personal data over the phone, email or social media to avoid getting caught up in these scams. And people should always remember to be wary if a tax deal sounds too good to be true.”

It’s key to observe Werfel’s alert and watch out for these scams throughout the year. While many of these schemes peak as people prepare their tax returns during tax season, fraudsters remain active throughout the year seeking to steal money, personal information, data and more.

Each year, the IRS has been rolling out its list of the Dirty Dozen… a catalog of the most common tax scams, classic cons and sophisticated avoidance schemes to minimize taxes. Here’s the Dirty Dozen” summary for 2023. Click on the link for more detail on any of the following.

  1. Employee Retention Credit claims
  2. Phishing and smishing
  3. Online account help from third-party scammers
  4. False Fuel Tax Credit claims
  5. Fake charities
  6. Unscrupulous tax return preparers
  7. Social media: Fraudulent form filing and bad advice
  8. Spearphishing and cybersecurity for tax professionals
  9. Offer in Compromise mills
  10. Schemes aimed at high-income filers
  11. Bogus tax avoidance strategies
  12. Schemes with international elements

Have Immediate Questions or Concerns?

Pearson & Co stand ready to help as needed. A phone call or email is all it takes.
We’ll respond promptly.

30 May 2023

BACKLASH BY STAKEHOLDERS TO NEW 1099-K REPORTING

The IRS Listened and Postponed Implementation

 

Let’s start with some history and definition of the issues. IRS Form 1099-K is an information form typically provided to freelancers or small business owners who receive payments of income from a client via a third-party payment system. Third-party settlement organizations generally include banks or other organizations (e.g., Venmo, PayPal, or Cash App) that process credit card transactions on behalf of a merchant and make an interbank transfer of funds to the merchant from a customer … often identified as self-employment income.

Prior to passage of the American Rescue Plan Act (ARPA) of 2021, third-party settlement organizations were not required to file Form 1099-K to payees with 200 or fewer transactions during the calendar year with aggregate payments of $20,000 or less. The ARPA amended the minimum payment amount to $600, for one or more transactions beginning in 2022.

Apparently, this revision was prompted by the convenience of Venmo, PayPal, or Cash App which resulted in many individuals paying personal expenses as well as payments associated with goods and services with these apps.

Unless the account or payment is designated as personal, it will trigger a reporting requirement if the annual amount exceeds $600. The person receiving the funds could receive a Form 1099-K, and the IRS will expect to see that income reported on his or her tax return. Payments incorrectly classified as business (goods or services) will trigger a Form 1099-K as well.

The new $600 minimum triggered widespread criticism. Lowering the threshold from $20,000 to $600 substantially increases the number of Forms 1099-K that will be issued. Additionally, the revision lacked clear guidance from the IRS which generated more taxpayer confusion. Those concerns coupled with the existing IRS backlog and impact on the upcoming filing season caused stakeholders to urge the IRS to postpone the implementation of the new reporting requirements.

Happily, The IRS responded in Notice 2023-10 to delay lowering the threshold for Form 1099-K reporting by a year. The $20,000 and 200 transactions thresholds remain in place through December 31, 2023.

The IRS emphasized the lower reporting threshold (any number of transactions totaling $600) remains in effect for calendar years starting after December 31, 2022. This one-year delay does not apply to any of the other Form 1099-K rules not modified by the ARPA.

Taxpayers should continue to track and report their taxable income from all sources electronic and others. When using electronic payment systems, such as PayPal, Venmo, and Cash App, make sure personal payments like gifts or reimbursements to friends are properly classified as an amount paid for something other than goods or services.

Have Immediate Questions or Concerns?

Pearson & Co stand ready to help as needed. A phone call or email is all it takes.
We’ll respond promptly.

30 May 2023

AGGRESSIVE EMPLOYEE RETENTION CREDIT PROMOTERS

Business Owners & Managers Be Careful!

 


You may be planning to apply for the Employee Retention Credit … tax credit that could add up to a maximum credit of $26,000 per employee. Perhaps you already have done so.

You’re aware of, and perhaps responded to, solicitations by third-party advisers urging business owners to engage them to navigate the shoals of applying for the Employee Retention Credit (ERC). Typically an added inducement is the promise of no up-front fees … just a share of the credit your company receives from the IRS.

In this year’s annual Dirty Dozen summary, the IRS posted the following:

Employee Retention Credit claims

Taxpayers should be aware of aggressive pitches from scammers who promote large refunds related to the Employee Retention Credit (ERC). The warning follows blatant attempts by promoters to con ineligible people to claim the credit. The IRS highlighted these schemes from promoters who have been blasting ads on radio and the internet touting refunds involving Employee Retention Credits. These promotions can be based on inaccurate information related to eligibility for and computation of the credit. Additionally, some of these advertisements exist solely to collect the taxpayer’s personally identifiable information in exchange for false promises. The scammers then use the information to conduct identity theft.

In this article, we offer a summary of the ERC requirements and benefits. Additionally, we’ll share some cautionary thoughts for those of you who are contemplating or have already enlisted the services of a third-party ERC adviser.

What is the ERC?

The ERC is a refundable payroll tax credit rewarding businesses that continued to pay employees while shut down due to the COVID-19 pandemic or had significant declines in gross receipts from March 13, 2020 to Dec. 31, 2021.

The credit may be as much as $5,000 per employee in 2020 and up to $7,000 per employee per quarter (for the first three quarters) in 2021. That could add up to a maximum credit of $26,000 per employee.

Eligible employers can claim the ERC on an original or adjusted employment tax return for a period within those dates.

Employer Eligibility: An employer is eligible for the ERC if it:

  • Sustained a full or partial suspension of operations limiting commerce, travel or group meetings due to COVID-19 and orders from an appropriate governmental authority or,
  • Experienced a significant decline in gross receipts during 2020 or a decline in gross receipts during the first three quarters of 2021 or,
  • Qualified in the third or fourth quarters of 2021 as a recovery startup business.

Click here for more detail on each of the above eligibility requirements.

Filing Deadlines: Employers have until April 15, 2024, to file Form 941-X for the eligible quarters in 2020; and until April 15, 2025, for eligible quarters in 2021.

Note: Wages reported as payroll costs for PPP loan forgiveness or certain other tax credits can’t be claimed for the ERC in any tax period.

Employers … Be Careful!

Third-party advisers are typically new operations put together to capitalize on the preparation of ERC applications for employers. Lack of experience along with aggressive marketing often results in improper advice regarding employer eligibility and computing the amount of credit claimed.

Employers must become aware of the risks associated with engaging third-party promoters. Here are four critical concerns to be addressed:

  • Often, third-party advisers do not make it clear to employers that they will need to amend their business’s federal income tax return for the corresponding period because any payroll taxes used in the computation of the credit are no longer deductible.
  • Receipt of the refund from the IRS does not preclude the agency from examining the employment tax return and disallowing the credit. Employers are always responsible for the accuracy of the information reported on their tax returns. Improperly claiming the ERC could result in repayment of the credit, plus penalties and interest.
  • Employers that have received the ERC may be an audit target given the anticipated expansion of new IRS agent hires.
  • In the event the IRS disallows the ERC claim, fees paid to third-party companies may not be refundable.

Employers Considering Engaging a Third-party Adviser

Here are performance criteria to help evaluate the value a prospective adviser brings to the strength of your company’s ERC qualifications, filing efforts and subsequent follow-up.

At your request, a legitimate capable adviser will:

  1. Describe its history as tax advisers including whether the practice is exclusively devoted to ERC claims.
  2. Detail their policy to provide audit defense plus refund fees if all or part of the ERC claim does not survive an IRS audit.
  3. Not claim a high IRS audit success rate as the IRS audit program is so new that success claims are meaningless.
  4. Demonstrate a solid understanding of the facts and circumstances of your business operations before the pandemic as well as during each quarter of the pandemic … with special attention to the wage limits during the first three quarters of 2021?
  5. Prepare a written account of the specific state or local governmental orders your business was subject to and a description of the impact of each on your business operations.
  6. Review with you any circumstances pertinent to your ERC claim where the IRS guidance regarding ERC eligibility is unclear and that the adviser’s interpretation may prompt scrutiny by the IRS.
  7. Not present a sense of urgency for you to act by asserting the available funding for ERC claims is fast being depleted. Not so!  See above for filing claims deadlines.
  8. Make it clear to you that qualified wages applied in ERC computations are no longer deductible on your business income tax return?

Employers Who Already Engaged a Third-party Adviser and Filed an ERC Claim

If you now have second thoughts about the advice that led up to your ERC claim filing, your best next step is to seek counsel from an independent tax adviser to review the merits of your claim and the adequacy of your documentation.

If your independent review results in the recommendation to amend or withdraw your ERC filing (Form 941-X), you may be able to sidestep interest and penalties … along with the time, expense and stress of an IRS audit.

Alternatively, if your independent review delivers written opinion that your claim has a solid foundation based on relevant ERC tax law … at the very least you will be able to demonstrate your intent to honestly pursue support of your claim with appropriate facts.

Have Immediate Questions or Concerns?

Pearson & Co stand ready to help as needed. A phone call or email is all it takes.
We’ll respond promptly.

13 Feb 2023

IRS PROMISES A SMOOTHER 2023 TAX SEASON

That’s In Contrast to the Challenges of the Last 2 Years

If you weren’t frustrated and inconvenienced by inefficiency in responses by the IRS, certainly you know one or more taxpayers who have … or heard of the considerable backlog in unprocessed returns and unissued refunds for the past two tax years. According to the U.S. Government Accountability Office, “Partly as a result of the COVID-19 pandemic, IRS has faced significant return processing backlogs and a decline in customer service since 2020”.

That said, the IRS is projecting less frustration for both taxpayers and the Agency this tax season. There is evidence that operational improvements have been in the works for months and were implemented effective with the official opening of the 2023 tax filing season on Monday January 23.

In a statement by acting IRS Commissioner Doug O’Donnell, “This filing season is the first to benefit the IRS and our nation’s tax system from multi-year funding in the Inflation Reduction Act. We’ve trained thousands of new employees to answer phones and help people. While much work remains after several difficult years, we expect people to experience improvements this tax season.”

So, the expectation is this year should be a better experience for taxpayers, with the IRS having:

  • Received additional funding,
  • Added 5,000 customer service representatives to help answer phones and provide other services,
  • Reduced a large backlog of tax returns that handicapped the agency.

The IRS has cautioned taxpayers with the following: Many different factors can affect the timing of a refund after the IRS receives a return. Although the IRS issues most refunds in less than 21 days, the IRS cautions taxpayers not to rely on receiving a 2022 federal tax refund by a certain date, especially when making major purchases or paying bills.

Now let’s put these predictions in perspective from the viewpoints of both the National Taxpayer Advocate and the Director of the Professional Managers Association, representing IRS managers and non-bargaining unit employees.

Keep in mind that choosing the standard mileage rate is optional. Taxpayers retain the alternative to calculate the actual costs of operating their vehicle if it has been used for business more than 50% of the time. That said, the standard rate generally must be used in the first year the car is operated for business use as described above. In subsequent years, either the standard mileage rate or itemized expenses may be preferred.

National Taxpayer Advocate (NTA)

The Taxpayer Advocate Service (TAS) is an independent organization within the IRS. Its stated purpose is to ensure that every taxpayer is treated fairly and understands their rights. TAS staff advocates are prepared to help taxpayers to deal with otherwise unresolved tax problems.

The National Taxpayer Advocate reports to Congress annually on the prior tax year’s challenges at the IRS … including recommendations to remedy any problem issues. In her report, Advocate Erin Collins presents two contrasting observations.

  1. “The bad news is that taxpayers and tax professionals experienced more misery in 2022.”
  2. “The good news is that since the close of the 2022 filing season, the IRS has made considerable progress in reducing the volume of unprocessed returns and correspondence.”

As evidence of the second point above, the IRS has slashed its 2022 unprocessed backlog of 4.7 million individual returns, 3.2 million business returns and 3.6 million amended returns … down to roughly 400,000 individual returns and about 1 million business returns.

Given this progress, the report finds the IRS is “poised to start the 2023 filing season in a stronger position.” With that optimism, Collins also cautions that improvements won’t happen immediately. “As employees are trained and report for duty, I expect we will start to see improvements in service, probably by the middle of 2023.”

In summary, Collins wrote, “We have begun to see the light at the end of the tunnel. I am just not sure how much further we have to travel before we see sunlight.”

Professional Managers Association (PMA)

Chad Hooper is Executive Director of the PMA. He commented on the conclusions presented in the NTA report to Congress.

“The latest National Taxpayer Advocate report underscores the importance of consistent dedicated funding for the IRS. In the last year, the IRS has leveraged additional funding and new authorities to reduce the backlog and onboard new staff. These improvements make a real difference for taxpayers and set the nation up for a less stressful filing season.

Still, it will take more than one year to rebound the IRS from a decade of budget cuts and staff reductions. We urge Congress to heed the progress that has been made and continue rebuilding the IRS’s capacity to serve taxpayers.”

We are less than a month into the period that 2022 tax returns were accepted for processing
So, let’s see what happens between now and the tax filing deadline of Tuesday, April 18.

16 Jan 2023

IRS BOOSTS MILEAGE RATE BY NEARLY 5%

Vehicles Used for Business Qualify for Tax Savings of 65.5 Cents Per Mile

Tax Break for taxpayers who drive an automobile, van, pickup or panel truck for business, charitable, medical or moving purposes. 

Effective January 1, 2023, taxpayer-drivers who fit the above profile enjoy a 3 cents bump in the mileage rate … up from the 62.5 cents midyear increase in 2022. The standard mileage rate for business use is based on an annual study of the fixed and variable costs of operating an automobile … clearly more expensive in recent months.

Here’s a quick summary of the expanded IRS provisions:

  • 65.5 cents per mile driven for business use.
  • 22 cents per mile driven for medical or moving purposes for qualified active-duty members of the  Armed Forces.
  • 14 cents per mile driven in service of charitable organizations … unchanged from 2022.

Notably, the new mileage rates apply to qualifying vehicles regardless of how they are powered … gasoline, diesel, electric and hybrid … all good-to-go.

Keep in mind that choosing the standard mileage rate is optional. Taxpayers retain the alternative to calculate the actual costs of operating their vehicle if it has been used for business more than 50% of the time. That said, the standard rate generally must be used in the first year the car is operated for business use as described above. In subsequent years, either the standard mileage rate or itemized expenses may be preferred.

Note: Leased vehicles must use the standard mileage rate method for the entire lease period (including renewals) if the standard mileage rate is chosen.

Have Immediate Questions or Concerns?

Pearson & Co stand ready to help as needed. A phone call or email is all it takes.
We’ll respond promptly.

19 Dec 2022

GET READY FOR TAX-TIME!

Learn About 4 Changes and 8 ‘To-Do’ Actions

Here we are in the closing days of December 2022. In addition to enjoying the Holiday Season, it’s also an excellent time to get ready to visit with your tax-preparer to make year-end, tax savings decisions. Your objectives: lower your tax bill and boost your retirement savings.

In this issue, we’ll start with a recap of changes in the tax code that may affect you, followed by a checklist to prepare for a smooth tax season.

4 Changes that Affect 2022 Federal Tax Returns

  1. If you received third party payments in tax year 2022 for goods and services that exceeded $600, expect to receive your Form1099-K by January 31,2023.
  2. The following tax credits will return to 2019 levels … reduced from tax year 2021 … Child Tax Credit; Earned Income Tax Credit and Child & Dependent Care Credit. Affected taxpayers will receive a significantly smaller refund.
  3. If you file your taxes taking a standard deduction, you may not take an above-the-line deduction for charitable donations.
  4. For tax year 2022, the American Rescue Plan Act of 2021 temporarily expanded eligibility for the Premium Tax Credit by eliminating the rule that a taxpayer with household income above 400% of the federal poverty line cannot qualify for a premium tax credit.

Tax-time 8-Item ‘To-Do’ List

  1. Paycheck Checkup: Make sure the right amount of tax is withheld from your earnings. If not, you need to submit a new Form W-4, Employee’s Withholding Certificate to your employer. All taxpayers should check, but especially those who fit the following profiles:
  • Are a two-income family or someone with multiple jobs
  • Work a seasonal job or only work part of the year
  • Claim the child tax credit
  • Have dependents age 17 or older
  • Itemized your deductions in previous tax years
  • Have high income or a complex tax return
  • Had a large tax refund last year
  • Had a tax bill last year
  • Received unemployment at any time during the year
  • Experienced a significant life-changing event, e.g., marriage, childbirth, adoption, home purchase.

A quick way to make sure you are having the right amount of tax taken out of your pay is to use the IRS Tax Withholding Estimator. It will help you to lessen year-end tax bills or estimate your refund.

Important! If you have a substantial portion of income not subject to withholding, (e.g., self-employed, investors, retirees, those with interest, dividends, capital gains, alimony, and rental income), you may need to pay quarterly installments of estimated tax.

2. Unemployment Compensation: You may be one of millions of Americans currently receiving unemployment compensation … or did so earlier this year. If that’s the case, it’s important for you to know that the IRS considers unemployment benefits as taxable income.

Withholding is voluntary. That said, you may choose to have a flat 10 percent withheld from your benefits to cover all or part of your tax liability. To do that, fill out Form W-4V, Voluntary Withholding Request (PDF) and give it to the agency paying the benefits. Do not send it to the IRS. If the payor has its own withholding request form, use that form instead.

If you don’t choose voluntary withholding, or if the withholding isn’t enough, you can make quarterly estimated tax payments. Fourth quarter 2022 payments will be due on January 17, 2023.

As an unemployment benefit recipient, expect to receive a Form 1099-G, Certain Government Payments (PDF) from the agency paying the benefits. The form will show the amount of unemployment   compensation you received during 2022 as well as any federal income tax withheld. This information, along with your W-2 income, will be included in your 2022 federal tax return.

Note: Unlike some other states, the Commonwealth of Virginia does not tax unemployment earnings.

3. Other Types of Payments to Check for Withholding: The IRS urges taxpayer to check the following sources of payments to check for withholding:

  • Benefits paid by a state or the District of Columbia from the Federal Unemployment Trust Fund
  • Railroad unemployment compensation benefits
  • Disability benefits paid as a substitute for unemployment compensation

4. Investment Gains/Losses: If you own stocks, bonds, mutual funds or other investments … check with your investment advisor to determine any realized gains or losses that may affect your tax status.

5. Make your charitable contributions … before the end of the year to ensure your deduction.

6. Remember your RMDs if you are 72 years of age or older: Your required minimum distribution (RMD) must be withdrawn before December 31. Failure to do so may result in a 50% penalty. RMDs are applicable to the following retirement plans: Traditional IRAs, Simplified Employee Pension (SEP) IRAs, Rollover IRAs, most 401(k) and 403(b) plans, as well as most small business accounts.

7. Check if you have contributed to tax-advantaged accounts: Contributions to Health Savings Accounts, IRAs, 401(k)s and 529 Plans provide significant tax savings. Important: Be aware of deadlines to contribute as they vary depending on the plan.

8. You may want to consider a Roth conversion: You and your tax advisor/preparer may decide to convert your existing IRA to a Roth IRA. The deadline to do so is December 30, not December 31.

Have Immediate Questions or Concerns?

Pearson & Co stand ready to help as needed. A phone call or email is all it takes.
We’ll respond promptly.