Category: Tax Credits

19 Oct 2021
estate tax

ESTATE AND GIFT TAXES

ESTATE AND GIFT TAXES
Proposed vs Current … a Heads-up!

estate and gift taxes

It’s been in the press for months … the Democrats unveiling of the Build Back Better Act. Within its 881 pages are significant changes to the tax code with drastic impacts on current estate planning strategies and gifting rules. High tax bracket and wealthy taxpayers will be the most affected class of taxpayers … assuming the proposed revisions are passed in current form.

Again, please note that what follows is a brief summary of proposed legislation. As such it is very likely to be altered as negotiations work through the House Rules Committee and the House of Representatives before a final bill is presented to the Senate. So, there may not be an impact on current 2021 rules.

Proposed Estate & Gift Tax Revisions

  • Federal estate tax exemption reduced from the 2021 amount of $11.7 million to $5 million effective January 1, 2022. (There are reports that this provision seems to be off the table. We’ll see.)
  • Gift tax exemption reduced from the 2021 amount of $11.7 million to $5 million effective January 1, 2022. (To accommodate questions received, we’ll cover Gifting in more detail below.)
  • Transfers of interests in a closely held entity … valuation discounts would be eliminated.
  • Maximum Estate Tax Rate remains capped at 40 percent.
  • Grantor Trusts established and funded before the enactment of the new law would be grandfathered.
  • Eliminate or constrain the use of:
    • irrevocable life insurance trusts
    • Grantor Retained Annuity Trusts (GRATs)
    • Qualified Personal Residence Trusts (QPRTs), and
    • Grantor Charitable Lead Annuity Trusts (CLATs).

Gifting … Exclusions and Taxation

Here’s a recap of the 4 key points as they exist today in making gifts:

  1. What does the IRS recognize as a gift?
  2. What are the gift tax rules?
  3. Who pays gift taxes?
  4. How do givers gain?

Note: All the following refers to federal gift tax rules. There is no Virginia Gift Tax.

What’s a Gift?

The IRS defines a gift as the transfer of money, property or other assets by one individual to another while receiving nothing, or less than full value, in return. Any type of property may be considered a gift to recipients.

Some examples:

  • Stocks
  • Land
  • Use of or income from property
  • New car
  • Sale of something at less than its full value
  • Interest-free or below-market interest loan

The value of completed gifts, that exceed excludable amounts, may result in a gift tax. More on that in a bit.

Note: A gift is completed when the donor no longer has “dominion and control” over it. Making a completed gift forfeits asset ownership and control by the donor.

There are two time-lines affected by gift tax exclusions: annual and lifetime.

Annual Gifting Limits

This year single taxpayers may make annual tax-free gifts of $15,000 per recipient.

The IRS considers a gift made by a married couple from joint property to be given half from each spouse. That means married couples enjoy an exclusion of $30,000 annually per recipient.

Please note the emphasis on per recipient. That means that a donor can give anyone up to $15,000 in assets a year, free of federal gift taxes. Married couples could give away $30,000 annually to each of an unlimited number of recipients.

If you give more than $15,000 ($30,00 for married couples) in a year to any one person, you need to file a gift tax return. That doesn’t mean you have to pay a gift tax. It just means you need to file IRS Form 709 to disclose the gift.

Additionally, gifts to pay tuition or medical expenses are also free of gift tax. To qualify for this break, the donor must make the payment directly to the institution.

Lifetime Gifting Limits

The federal tax law provides for a lifetime gifting exclusion which sets the dollar limit of what you may gift during your lifetime. Again, the recipient or recipients are your choice.

Single taxpayers may now gift up to $5.49 million per recipient.

Married couples enjoy a lifetime tax-free gift limit of $11.7 million per recipient … $23.4 million combined.

Note: Gifts made that exceed the Annual Gifting Limits are subtracted from the donor’s Lifetime Gift exclusions.

Who Pays Gift Tax … Donor or Recipient?

The gift tax is only an issue for individuals that plan to gift very large amounts over their lifetime or will have big estates when they pass away. The reason … the gift tax exclusion is calculated on cumulative gift amounts

upon the death of the donor. Given the significant lifetime exclusion limits, the vast majority of Americans and their estates will never be faced with paying this tax.

Filing the gift tax return, IRS Form 709, discloses excesses of annual gifting limits. So, if you don’t gift anything in your life and don’t exceed the lifetime gifting limits, your whole lifetime exemption will apply against your estate when you die.

The person receiving the gift usually doesn’t need to report the gift. If you are a donor who is financially able and generous enough to use up your exclusions, you may indeed have to pay the gift tax … rates range from 18% to 40%.

Takeaways

The federal gift-tax exemption applies to the total of an individual’s taxable gifts made during life. Both the Annual and Lifetime Gifting Limits are substantial. The result is that relatively few American taxpayers are likely to exceed these amounts and be subject to the gift tax. That said, making gifts that don’t exceed the Gifting Limits can yield substantial estate tax savings … particularly if you keep at it for several years.

Note: If the revised Gift Tax exclusion were to pass as written, there will be no “clawback” for use of the current exclusion amounts if the donor passes away at a time when the applicable exclusion amounts have been reduced.

Have Immediate Questions or Concerns?
Pearson & Co stands ready to help as needed.
A phone call or email is all it takes.

21 Sep 2021

CRYSTAL BALL GAZING TO THE PAST

CRYSTAL BALL GAZING TO THE PAST
2 Proposals for Possible Retroactive Capital Gains Tax Hike

As a Certified Public Accounting firm, Pearson & Co. primarily serves our clients in a two-fold fashion:

  1.  A rear-view mirror assessment of tax-related activity, and
  2. Forward-looking tax planning advice.

It’s important to note that all the above is conducted with a firm knowledge and understanding of the U.S. tax code for the tax year in question. Now, that frame-of-reference may be upended for upper-income taxpayers.

The following are two descriptions of proposed bumps in the capital gain rate retroactive for asset sales … one proposed by President Biden, the second more recently by the House Ways & Means Committee. We won’t speculate as to how either of those proposals may play out … just a heads-up for you to know what is being considered and how it may affect your taxes in 2021.

What Is the Capital Gains Tax?

Here’s a quick reminder. The capital gains tax applies to the profit from an investment that is incurred when the investment is sold. The emphasis is on “when the investment is sold”. At point of sale, profits (capital gains) are considered to have been “realized”, i.e. a sale price of the asset at a price higher than the original purchase price … often referred to as book value cost.

There is a further distinction between long-term and short-term capital gains. For our discussion we’ll focus on the former. Here’s a recap of this tax year’s current long-term capital gains rates.

Federal Tax

While capital gains tax rates have fluctuated over time, they have always been a specific “known quantity” during each tax year. The current proposals point to a variance of what has been a given in past tax years.

Apparent Intent

Both Biden’s plan and that proposed by the Ways & Means Committee appear to seek wealthy Americans and corporations to pay higher taxes to help finance a $3.5 trillion budget that embraces multiple social spending programs. Included is funding for President Biden’s $1.8 trillion American Families Plan.

  • Biden’s tax plan would impact long-term capital gains significantly by nearly doubling the rate for high-income investors.
  • Experts agree that the Ways & Means Committee proposal is less dramatic than tax hikes proposed by President Joe Biden. As one source stated, “somewhat more taxpayer-friendly in some ways” and “a little less aggressive.” More detail in a bit.

Each proposal contains a retroactive “trigger-date” at which time the wished-for capital gains tax provisions would be initiated. An obvious question is, “Why a retroactive tax?”.

The purpose to make the tax retroactive is based on studies that show whenever a capital gains tax increase is announced, there is a rush by many investors to sell appreciated assets to realize tax savings. If a tax increase is structured so that the effective date already happened months ago, investors would clearly have no chance to unload assets at favorable tax rates before the new policy kicks in. So, a strategy to sell quickly before an anticipated new law takes effect is negated by the retroactive provision … if either proposal is enacted as currently worded.

The Proposals

Here’s a comparison of the key provisions of both proposals as they stand today.

Note: The 3.8% tax linked to the Affordable Care Act remains intact under both proposals.

Biden’s Proposal

President Biden asserts that rich taxpayers should pay as much on their stock sales and investment portfolios as they do on their income. Therefore:

  • Increase the maximum income tax rate to 39.6% from its current 37%.
  • Make the capital gains tax the same as the maximum income tax rate for taxpayers making $1 million or more annually.
  • The new rate would go into effect retroactively on April 28, 2021 … the day the president formally presented his ideas to Congress.

Ways & Means Proposal

  • Taxpayers who currently pay the 20% capital gains tax rate (see above illustration) would pay 25%.
  • The new rate would go into effect retroactively on September 13, 2021 … the formal date of the bill’s introduction.
  • Households earning more than $5 million pay an additional surtax of 3%.
  • A transition rule provides that the preexisting statutory rate of 20% continues to apply to gains and losses for the portion of the taxable year prior to September 13, 2021.

In summary: Under Biden’s plans, millionaires would pay 43.4% … a 39.6% rate capital gains rate plus the 3.8% ACA-linked tax. Under the Ways and Means Committee proposal, a millionaire would pay 28.8% … a 25% capital gains rate, plus the 3.8% ACA-related rate. Households making more than $5 million would also have a 3% surtax, amounting to an effective 31.8% capital gains rate.

How Will American Taxpayers Be Affected

It’s clear from the foregoing that the overriding intent by legislators is to require wealthy Americans and corporations to pay higher taxes to help finance a proposed $3.5 trillion budget. While no similar story has been reported regarding the recent Ways & Means proposal, it is worth summarizing a recent Wall Street Journal article that indicates the Biden proposed retroactive capital gains tax increase may result in unintended consequences for the not-so-wealthy.

Paul Settle, a 64-year-old Kentucky man would see his savings cut in half by the proposal. Mr. Settle’s nest egg is five brick apartment buildings purchased the 27 years ago. Over the years, he has spent almost every day maintaining the grounds, repairing garbage disposals and collecting rent checks.

Mr. Settle pays himself about $75,000 a year. The idea was always to one day sell and retire off the proceeds. The President’s proposal would put the brakes to that plan.

So, the net effect of the proposal would have far-reaching effects for many American taxpayers. For example, consider homeowners (perhaps yourself) … who are a far cry from enjoying a $1 million plus income … but have profited from the surge in home prices in recent years. A home purchased 30 years ago that is today worth over $1 million could severely impact your retirement plans.

What’s Next?

Best guess is that enactment of either proposal will be a Congressional partisan battle … and likely receive little to no support from Republicans. If a final bill makes it to the Senate, Vice President Kamala Harris will need to cast the deciding vote in a 50-50 divided/balanced Senate … assuming all 50 Democrats are aboard with the measure.

And then if passed including the retroactive provision, the bill will most certainly be subject to major Constitutional scrutiny and debate.

Stay tuned!

24 Aug 2021
Employee Retention Credit

SMALL BUSINESS OWNERS & TAX EXEMPTS ALERT!

SMALL BUSINESS OWNERS & TAX EXEMPTS ALERT!
Intent … Confusion … Clarification …Payoffs

Employee Retention CreditThe Employee Retention Credit (ERC) is an $80 billion dollars tax savings program that promises financial relief for hundreds of thousands of small and medium businesses as well as tax-exempt entities. The ERC, as part of the CARES Act offers tax credits to encourage employers to retain employees at the height of the COVID-19 pandemic in March 2020.

Regrettably, many of those benefit candidates are ignoring the program … to the detriment of employee retention and job creation. That triggers a major loss to willing workers who have been displaced or are about to be. Likewise, employers suffer when they are unable to maintain their pre-pandemic payroll which further impairs their success to recover from the financial ravages of C-19 and prevail as viable enterprises.

In this article, please consider the facts that likely are limiting employer participation in applying for the ERC:

  • Misunderstanding congressional intent for the credit;
  • Confusion as to qualification requirements and application procedures; and
  • Clarification of status.

Congressional Intent

For Congress … it’s all about the jobs. The driving principle for adoption of the incentive by Congress was to help pandemic-impaired businesses and tax-exempts to retain jobs. Additionally, the intent was to provide a financial platform to expand the U.S. workforce by helping businesses across the board to recover and trigger job creation.

Confusion & Qualification

As noted above, the ERC was included last year as part of the CARES Act. Likewise, the Paycheck Protection Program (PPP) was enacted in that legislation as well. Confusion on the part of employers became an unintended consequence as many believed it was an either/or choice … ERC or PPP.

At inception of the CARES Act, the reality was that the programs were mutually exclusive … qualified employers were eligible to apply for either one, but not both. Revised legislation passed last December reversed that provision and allowed employers a more accommodating set of rules to access the benefits of both the PPP and the ERC.

That said, the PPP proved to be the more popular route for businesses to avail themselves of federal financial support. The chief attraction was the promise of loans becoming forgivable by the Small Business Administration. Additionally, most executives chose to deal with their banker and apply for the PPP rather than contend with the anticipated complexities of IRS compliance.

Expansion of the ERC has been extended twice … making it much easier for businesses and tax-exempts to qualify for increased benefits. Eligible employers can now claim a refundable tax credit against the employer share of Social Security tax equal to 70% of the qualified wages they pay to employees after December 31, 2020, through June 30, 2021.

For the third and fourth quarters of 2021, eligible employers claim the credit against the employer’s share of Medicare tax rather than its share of Social Security tax … (more on that in a bit).

Qualified wages are limited to $10,000 per employee per calendar quarter in 2021. Thus, the maximum ERC amount available is $7,000 per employee per calendar quarter, for a total of $14,000 in 2021.

A second area of qualification-confusion surfaced. Many business owners and tax-exempt managers incorrectly interpreted the rules. The first misconception was that to qualify an enterprise must have suffered a 50 percent reduction in revenues … not so. There are two alternate tests to qualify:

  1. a revenue test, or
  2. demonstration that your operating entity was significantly, negatively impacted by government order, e.g. a partial or full shutdown due to a government order at the federal, state, municipality, county or other local level authority.

With this knowledge of qualification criteria, hundreds of businesses and tax-exempt organizations have applied for and been approved for ERC assistance … under one or another of the above tests.

Where Things Stand at This Writing

Within the last few weeks, the IRS and the Treasury issued amplified guidance in Notice 2021-49 relating to various issues that apply to the ERC in both 2020 and 2021. The new notice explains changes made by the American Rescue Plan Act of 2021 to the employee retention credit that are applicable to the third and fourth quarters of 2021.

Note: The above guidance comes as the Senate is debating a bipartisan infrastructure package that would end the credit three months early, on Sept. 30. If passed as drafted, the infrastructure bill would render wages paid after Sept. 30, 2021, ineligible for the credit … except for wages paid by an eligible recovery startup business that began carrying on a trade or business after Feb. 15, 2020, had less than $1 million in annual gross receipts and meet several other conditions.

Additionally, the notice offers guidance on ERC related questions posed to the IRS regarding whether wages paid to majority owners and their spouses may be treated as qualified wages …a frustrating provision for some family-owned companies.

The National Conference of CPA Practitioners has issued a call to action requesting its members to petition Congress to remedy this interpretation. Specifically, NCCPAP registers its objection that under the guidance the wages of small-business owners and their spouses do not qualify for the ERC if either the owner or their spouse has any living relatives.

The open letter signed by the co-chairs of the NCCPAP tax policy committee states that enforcement of the current guidance text, … “may make the difference between closing the doors or enabling those businesses to remain open and continue employing their staff for years to come. The loss of these funds could destroy an already struggling small business at a time when our economy is trying to mount a recovery.”

The Treasury and the IRS announced it “will continue to monitor potential legislation related to the employee retention credit,”. Stay tuned … we’ll keep you posted!

If any of the foregoing seems unclear as to how it applies to your specific circumstances, please keep in mind that Pearson & Co. will help. Give us a call or drop an email.

02 Jul 2021
American Rescue Plan

AMERICAN RESCUE PLAN

AMERICAN RESCUE PLAN
Review, Resources, Child Tax Credit Emphasis

American Rescue PlanThe American Rescue Plan was enacted in response to the families, workers and employers impacted by the ravages of the COVID-19 pandemic. In this article, we’ll highlight those elements of the Plan that are most likely to deliver meaningful relief for readers of the Pearson Perspective.

One of the key provisions is the Child Tax Credit which authorizes payments to eligible households on July 15. That date being imminent … special attention is dedicated to the Credit in this piece.

Click here if you choose to review the American Rescue Plan in detail.

CHILD TAX CREDIT

The credit amount has been increased from $2,000 to $3,600 for children under age 6, and $3,000 for other children under age 18.

Qualifying dependents has been expanded to include children 17 years old and younger.

Advance payments of one-half of the Credit will be made in 2021 via periodic payments from July 1, to December 31, 2021 … thus providing immediate financial assistance rather than waiting for tax filing in 2022.

Most people will receive their money via direct deposit. The IRS will also mail checks or deposit funds to debit cards.

Here’s a breakdown of maximum payments.

Note: The amount of the credit is determined by the child’s age on December 31, 2021.  Newborns and U.S. citizen children adopted in 2021 may qualify for the credit.

Income Qualifications

The Child Tax Credit is based on the taxpayer’s adjusted gross income. To qualify for the remaining half-payment next year the following 2021 AGI amounts will apply:

  • Single taxpayers – $75,000 or less;
  • Head of household – $112,500 or less;
  • Married filing jointly – $150,000 or less.

To accelerate financial relief to taxpayers, the IRS will review your 2020 income tax return to determine qualification. For those who have not yet filed for 2020, the IRS will accommodate by basing qualification on the 2019 return. In the event a taxpayer’s 2021 income exceeds the qualifying amounts, any excess credits will be refunded to the Treasury when filing their 2021 return.

Important! There is a phaseout provision. For every $1,000 a taxpayer earns over the AGI limit will reduce their credit by $50. That can be significant. For example, a single filer declaring an AGI of $85,000 will forfeit $500 per child.

Your Choice of When to Receive Payments

Beginning immediately, taxpayers may access two IRS portals to choose to receive checks monthly or opt for a single payment in 2022.

One portal will support people who don’t usually file an income tax return to provide information to receive payments. The other of the two portals will provide families the facility to update their info if their circumstances have changed … and to choose monthly payments in 2021 or a lump sum next year.

Accessing the Update Portal: The IRS says to access the Child Tax Credit Update Portal, a person must first verify their identity. If a person has an existing IRS username or an ID.me account with a verified identity, they can use those accounts to easily sign in. People without an existing account will be asked to verify their identity with a form of photo identification using ID.me, a trusted third party for the IRS. Identity verification is an important safeguard and will protect your account from identity theft.

For those qualifying taxpayers that choose advance monthly payments, here’s what to expect.

Child Tax Credit Payments Timeline

Note: The amount of tax you owe when you file your 2021 tax return next year will be reduced by the credits you enjoyed this year … or increase your tax refund if applicable.

What If You Received Too Much?

When you file your 2021 tax return next year, you may find that you received more money than you were entitled to. The payment amount is based on an IRS estimate. Overpayments may result in a smaller tax refund next year or a larger tax bill.

And If You Don’t Qualify?

The new Act does not negate the Child Tax Credit provided for in 2017 under the Tax Cuts & Jobs Act. The existing Child Tax Credit is still available!  Single taxpayers with an AGI of $200,000 or less or taxpayers filing married with an AGI of $400,000 or less will still qualify for a $2,000 tax credit for each child under age 17.

ECONOMIC IMPACT PAYMENTS

Those eligible will automatically receive an Economic Impact Payment of up to $1,400 for individuals or $2,800 for married couples, plus $1,400 for each dependent. Unlike the prior rounds of Economic Impact Payments, families will get a payment for all their dependents claimed on a tax return, not just their qualifying children under 17.

Normally, a taxpayer will qualify for the full amount if they have an adjusted gross income of up to $75,000 for singles and married persons filing a separate return, up to $112,500 for heads of household, and up to $150,000 for married couples filing joint returns and surviving spouses. Payment amounts are reduced for filers with incomes above those levels.

HOMEOWNER ASSISTANCE FUND

Nearly $10 billion is allocated to provide relief for America’s most vulnerable homeowners. Applicable funding uses include delinquent mortgage payments to minimize foreclosures, alleviate emergency shelter capacity, and mitigate potential COVID-19 infections.

EMPLOYEE RETENTION CREDIT AND PAID LEAVE CREDIT PROGRAMS

The Employee Retention Credit for small businesses is extended through December 2021. This permits businesses who have suffered revenue decline or closing due to C-19 to offset their current payroll tax liabilities by up to $7,000 per employee per quarter … up to $28,000 per employee for 2021.

Paid Leave Credits for small and midsize businesses that offer paid leave to employees due to illness, quarantine, or caregiving are extended through September 2021. Businesses can take dollar-for-dollar tax credits equal to wages of up to $5,000.

UNEMPLOYMENT COMPENSATION

Federal income taxes are waived on the first $10,200 of unemployment benefits received in 2020 by middle- and lower-income taxpayers … whether received by workers through federal unemployment programs as well as those who received traditional benefits through their state unemployment insurance fund.

You’ll likely have questions regarding your specific circumstances, so be sure to give us a call or drop an email.

02 Jul 2021
IRS Log Jam Persists

IRS LOGJAM … REMAINS JAMMED!

IRS LOGJAM … REMAINS JAMMED!
Taxpayers’ Frustrations Persist

IRS Log Jam PersistsInitially in January and again in March of this year, the Pearson Perspective reported on the backlog at the IRS of unpaid tax refunds to American taxpayers. In the most recent of those articles, IRS Remains “Swamped”, we promised to keep you up to date as changes occur. Here are the latest facts and anticipation for taxpayer relief.

The 8 IRS Demons

In an attempt at fairness … not an excuse … the agency is under tremendous strain with enormous unplanned burdens triggered by three rounds of stimulus checks, plus coping with other pandemic-related changes to the tax code, such as:

  1. exemption of the first $10,200 in 2020 unemployment benefits from federal tax;
  2. new tax credits for employers;
  3. abnormal surge of 2020 individual 1040s requiring manual processing;
  4. staffing shortages;
  5. challenges of remote work and retraining IRS employees;
  6. leftover backlog of yet unprocessed 2019 paper tax returns;
  7. established procedures now either scrapped or subject to major revisions;
  8. IT overwhelmed to deliver software updates to accommodate compliance revisions.

Given the backlog of 2019 tax filings, there was considerable pressure to extend the 2021 tax filing season as the pandemic continues to impose a “titanic strain on the agency” … as expressed by two ranking House Representatives. Congressional pressure, along with requests filed by the AICPA and National Association of Tax Professionals were instrumental in the IRS extension of the 2021 income tax filing season to May 17.

IRS Status Update

Millions of American taxpayers are clamoring for an answer … “Where’s my refund?” Lack of a definitive answer is further exacerbated by not knowing what’s the delay, when will it be resolved and how to get answers for help from the agency.

Not presented here as excuses, the IRS reported in mid-February that it had yet to process 6.7 million individual income tax returns for 2019. Add to that the 2 million tax returns in the IRS’s pipeline as of the last week of March 2021. Here are taxpayer profiles and their status in the world of IRS processing.

Electronically filed returns: The IRS reports 21 days as the normal turnaround time to process returns and initiate refunds … and claims that some taxpayers enjoy receiving their refunds faster. If you filed electronically, you should be among those who receive their refunds first, according to the IRS. That said, this year many returns are taking much longer.

Error Resolution System processing: An abnormally high number of 2020 individual 1040s require special manual processing through the IRS’ so-called Error Resolution System (ERS). Another surprise was prompted by Congress’ decision to allow taxpayers to use their 2019 income … rather than that calculated for 2020 … to claim the Earned Income Tax Credit or Additional Child Tax Credit for 2020.

Additional Taxpayer Information Needed: Currently, the IRS has about 29 million returns to process manually. Clearly, if a taxpayer’s return is tagged to be processed manually there will be delays. What triggers a manual review? Here’s a sampling:

  • 8 million awaiting ERS processing;
  • 5.3 million paper 1040s from 2019 & 2020 filings;
  • 4.7 million returns on hold pending taxpayer responses re errors or fraud alerts;
  • 11 million business and other types of returns.

Taxpayers Seeking Answers … What to Do … What to Expect?

Short-term Fix: The IRS has addressed the issue of taxpayer checks caught in the backlog of unopened mail. As detailed on the IRS web page … pending check payments and payment notices will be posted as of the date received rather than the date when they are processed by the IRS.

Staff Shortages: The IRS admits to being short on staff, many if not most agents remain furloughed. That creates bottlenecks in opening the mail, plus dealing with the overwhelming volume of phone calls from taxpayers. IRS Commissioner Charles Rettig told the Senate Finance Committee in May that the agency had planned to hire an additional 5,000 customer phone representatives this year … with only 3,800 applications submitted.

Phone Service: Phone calls to the agency can leave the taxpayer on “hold” sometimes for hours. Important clarification requests go unanswered with the taxpayer left without knowing what to do next to remain in compliance. By its own admission, the IRS confesses that:

  • account management phone lines have soared to a call rate of 300% over last tax year;
  • level of service is just 14% for the 115 million calls received on its account management help lines;
  • similarly, just 1 in 50 callers are getting through to a representative for 1040 related help;

Result: “Due to high call volumes, the IRS suggests waiting to contact the agency about any unprocessed paper payments still pending,” said the IRS.

Check the Status of Your Refund: According to the IRS, its Where’s My Refund? tool offers a convenient way to do so. The agency claims you’ll view a personalized refund date after your return is processed and a refund is approved. Before visiting the above link, gather the following information.

  • Social Security number or Individual Taxpayer Identification number;
  • Tax filing status;
  • Exact amount of the refund claimed on your tax return.

Your reward will be knowing when your return was received, refund approval and refund sent. Click here for a brief video description of what to do.

If any of the foregoing seems unclear as to how it applies to your specific circumstances, please keep in mind that Pearson & Co. will help. Give us a call or drop an email.

17 Mar 2021
IRS

IRS REMAINS “SWAMPED”

IRS REMAINS “SWAMPED”
Still Working on 2019 Tax Returns

In the January issue of The Pearson Perspective we addressed the lament voiced by many 2019 taxpayers … “Where’s My Refund?” Taxpayer frustrations are largely due to pandemic related moves by the IRS to defer tax deadlines as well as changes in penalties and interest for late-filers. These attempts to reduce taxpayer stress became subject to the wrath of “unintended consequences”.

The COVID-19 pandemic upended the tax season last year with continuing after-effects today for millions of people. The Internal Revenue Service reported in mid-February that it had yet to process 6.7 million individual income tax returns for 2019.

With the backlog of 2019 tax filings, there is considerable pressure to extend the 2021 tax filing season until July 15 as the pandemic continues to impose a “titanic strain on the agency” … as expressed by House Ways and Means Committee chairman Richard E. Neal, D-Massachusetts, and Oversight Subcommittee chairman Bill Pascrell, Jr., D-New Jersey. Likewise, recent requests have been filed by AICPA and National Association of Tax Professionals that the IRS extend the 2021 income tax filing season.

Last year the tax-filing deadline was revised to July 15 from the usual April 15 date. So far this year, the IRS says there are no plans to extend tax-filing deadline beyond April 15.

We’ll keep you up to date as changes may occur.

HOW WILL THE AMERICAN RESCUE PLAN HELP YOU?”
Working Americans Will Receive Direct Payments

Both the House and Senate passed the American Rescue Plan and presented it to President Biden for his signature of approval. He responded promptly, and the new law is now effective.

Reportedly, there is a high level of cooperation between the Treasury and IRS to ensure payments are issued beginning this month. Additionally, the IRS and Bureau of Fiscal Service are acknowledging “lessons learned” from delays in previous rounds of pandemic related payments to increase the number of households that will

receive electronic payments. That will accelerate receipt of checks by taxpayers rather than awaiting delivery via USPS.

What Might This Mean for a Typical American Family

Here’s a quick rundown on what to expect about direct payments under the American Rescue Plan.
As a frame of reference, take a look at this example of what direct payments under the American Rescue Plan can mean for a typical family of four, with kids in school aged 8 and 5 and parents with a combined income of $75,000 a year.

  • $5,600 in direct payments … $1,400 for each parent and child.
  • The expanded Child Tax Credit will add $2,600 more in tax credits than before.
  • In this case, $8,200 more in the pockets of this family as they weather the pandemic storm.

Additionally, the bill has significant financial provisions to reopen schools safely, accelerate availability of coronavirus vaccinations and help those who have lost their jobs due to C-19 shutdowns.

What to Expect in Receiving Your Payment

  • If you have already filed your income tax return for 2020, the IRS will use that information to determine eligibility and size of payments.
  • If you have not yet filed for 2020, the IRS will review records from 2019 to determine eligibility and size of payment.
  • The IRS will send payments electronically to taxpayers for which it has direct deposit or bank account information.
  • Paper checks or debit cards will be forwarded via USPS to taxpayers for which the IRS has no bank account information.

PPP LOAN FORGIVENESS FOR VIRGINIA SMALL BUSINESSES
Conformity, Reconciliation and Tax Relief

On Monday, March 15, 2021, Governor Ralph Northam signed legislation to conform the Virginia tax code to the U.S. Internal Revenue Code from December 31, 2019, to December 31, 2020. The key provision relating to small businesses and PPP tax treatment is …Virginia will allow a deduction of up to $100,000 for tax year 2020.

Until this clarification, small business owners were faced with the prospect of paying state income tax on a portion of PPP loans. This was triggered by the initial reaction of Virginia lawmakers that loan proceeds used for valid business expenses were not deductible in determining state income taxes.

The agency strongly urges against calling the IRS. “Due to high call volumes, the IRS suggests waiting to contact the agency about any unprocessed paper payments still pending,” said the IRS. “See www.irs.gov/payments for options to make payments other than by mail.”

In an attempt at fairness … not an excuse … the deferments in tax deadlines along with changes in penalties and interest for late-filers has put a tremendous strain on IRS resources. Procedures that have been in place and functioning are now either scrapped or subject to major revisions.

Couple that with the major pressures on IT to deliver software updates to accommodate the revised dates and details for taxpayer compliance. And then there is the human resource-based issues that require substantial re-training.

Conformity, Reconciliation & Tax Relief

In the context of the debate over PPP tax treatment by the state of Virginia, conformity and reconciliation refer to maintaining the usual posture by Virginia … tax treatment of businesses that mirror federal rules. That deliberation came to a head with the passage by the General Assembly of HB 1935 and SB 1146… both now signed into law by Governor Northam.
At the risk of being repetitious …the key provision relating to small businesses and PPP tax treatment is …
Virginia will allow a deduction of up to $100,000 for tax year 2020.

If any of the foregoing seems unclear as to how it applies to your specific circumstances, please keep in mind that Pearson & Co. will help. Give us a call or drop an email. We’ll respond immediately!

19 Jan 2021
tax Refund

WAIT … HURRY UP … WAIT

WAIT … HURRY UP … WAIT
The Tale of 2019 Tax Returns … Gridlock!

We all know the frustrations induced by unintended consequences … especially when it impacts our pocketbooks. Well that’s the backdrop to the current stress experienced by many taxpayers who continue to lament – “Where’s my refund?!”

Some recent history, causes for delays, and what the current remedial landscape looks like.

In response to the COVID-19 pandemic, the IRS granted deferments in tax deadlines as well as changes in penalties and interest for late-filers. These concessions were intended to reduce taxpayer stress … already strained by the pandemic. While there may be taxpayers who have benefited from the above moves, our phone and email communications are rife with frustration, confusion and sometimes a touch of panic.

By the IRS’s own admission … they are swamped!

In their words, We’re open and processing mail, tax returns, payments, refunds and correspondence. However, COVID-19 continues to cause delays in some of our services. Our service delays include:

  • Live phone support
  • Processing tax returns filed on paper
  • Answering mail from taxpayers
  • Reviewing tax returns, even for returns filed electronically

The problem stems, of course, from COVID-19. In the spring of 2020, most of the federal government along with many private companies initiated pandemic protocols. That means most IRS offices were closed and work usually handled at those facilities went undone.

IRS office closures did not deter delivery of tax returns by the USPS. However, the later-than-usual arrival of returns this year was not due to the Postal Service. Instead, the filing deadline was extended until July 15 due to the pandemic. Millions of folks waited until then to mail their forms.

Trailers were set up outside IRS workplaces as receptacles for taxpayer mail. IRS employees who returned to address the tax season were met with the proverbial “drinking from a fire hose” metaphor as they sorted through and processed existing mail while the daily deluge of correspondence continued unabated.

The amount of unopened tax mail at one point was nearly 13 million. The IRS said that as of last Thanksgiving, the backlog has been trimmed to 7.1 million unprocessed individual tax returns and 2.3 million unprocessed business returns.

The unfortunate and unintended consequences for taxpayers have been that the IRS continues to send payment demand notices to taxpayers whose correspondence and payments remain unopened … but who have already made the payments that the IRS deems to be due.

Here’s the experience suffered by one of our clients … who will remain anonymous, of course. This taxpayer electronically filed the 2019 tax return in April 2020 with money owed to the IRS. The payment was made well before the July 15th deadline. As of this writing, this compliant taxpayer’s check sits in a trailer while enduring notices that the amount due was not paid in a timely manner. The fear is the next step by the IRS will be to issue an “intent to levy” notice, even though the taxpayer was in compliance.

The IRS admits to being short on staff, many if not most agents remain furloughed. for opening the mail, plus dealing with the overwhelming volume of phone calls from taxpayers. Phone calls to the agency can leave the taxpayer on “hold” sometimes for hours. Important clarification requests go unanswered with the taxpayer left without knowing what to do next to remain in compliance.

The agency strongly urges against calling the IRS. “Due to high call volumes, the IRS suggests waiting to contact the agency about any unprocessed paper payments still pending,” said the IRS. “See www.irs.gov/payments for options to make payments other than by mail.”

In an attempt at fairness … not an excuse … the deferments in tax deadlines along with changes in penalties and interest for late-filers has put a tremendous strain on IRS resources. Procedures that have been in place and functioning are now either scrapped or subject to major revisions.

Couple that with the major pressures on IT to deliver software updates to accommodate the revised dates and details for taxpayer compliance. And then there is the human resource-based issues that require substantial re-training.

What’s a Taxpayer to Do?

The IRS initiated a short-term fix for taxpayer checks caught in the backlog of unopened mail. As detailed on the IRS webpage … pending check payments and payment notices will be posted as of the date received rather than the date when they are processed by the IRS. Note: To avoid penalties and interest, the IRS strongly advises taxpayers not to stop payment on their checks with their bank and ensure availability of funds, as the IRS will eventually get around to processing them.

If you filed electronically, you should be among those who https://www.irs.gov/advocate/local-taxpayer-advocate receive their refunds first, according to the IRS. You can check the status of your refund here.

If you’re still waiting for your federal return and suspect a problem, the IRS suggests you contact your local IRS and make an appointment for a face-to-face meeting. You can also contact your local tax advocate through the IRS’s website or call the IRS at 800-829-1040 Monday through Friday from 7 a.m. until 7 p.m.

If any of the foregoing seems unclear as to how it applies to your specific circumstances, please keep in mind that Pearson & Co. will help. Give us a call or drop an email. We’ll respond immediately

13 May 2020

SMALL & MIDSIZE BUSINESSES HIT BY COVID-19

SMALL & MIDSIZE BUSINESSES HIT BY COVID-19
3 New Tax Credits to Help Relieve Your Financial Burden

Pearson & Co. CPAs COVID-19 Tax Credits and SavingsBusiness owners … you may qualify for one or more of three new tax credits announced and launched by the Treasury Department and the Internal Revenue Service.

  • Employee Retention Credit
  • Paid Sick Leave Credit
  • Paid Family Leave Credit

Each of these credits are designed to encourage businesses to keep employees on the payroll plus fully reimburse eligible employers for the cost of providing COVID-19 related leave to their employees. Qualifying for one or more of these business tax credits will deliver a financial win/win for employers and workers alike.

We’ll get into the details of each of the credits in a moment.  As a preface, let’s start with a brief lesson on “What are tax credits?”  The best way to describe tax credits are in contrast to what most taxpayers understand … tax deductions. Tax deductions reduce the amount of your income subject to tax. Tax credits directly reduce the tax itself.

For example, assume your business spends $5,000 on equipment or some other item that results in a tax deduction. That will reduce your taxable income by $5,000. In a 25% tax bracket, you would save $1,250 in taxes.

Now compare that with a $5,000 tax credit. That amount is subtracted from the amount of tax owed as opposed to an offset to income … as is the case with a tax deduction. Result: Your tax bill is reduced by the full $5,000 tax credit.

Why These 3 Tax Credit Breaks for Businesses?

The intent is to help businesses and employees weather the C-19 pandemic. As with the many other federal tax credits, the above three are business entitlement subsidies for any company that meets the legal criteria. With that background, let’s look at an overview of the provisions of each.

Employee Retention Credit

Again, this credit is designed to encourage businesses to keep employees on their payroll. The tax credit equals 50 percent of up to $10,000 in wages paid by an eligible employer including a portion of employer provided health care costs.

Eligibility is contingent on the business, regardless of size, being financially impacted by COVID-19. The exceptions are state and local governments and small businesses that take small business loans.

To be eligible, employers must be in one of two categories which must qualify each calendar quarter

  1. The employer’s business is fully or partially suspended by government order due to COVID-19 during the calendar quarter.
  2. The employer’s gross receipts are below 50% of the comparable quarter in 2019. Once the employer’s gross receipts go above 80% of a comparable quarter in 2019, they no longer qualify after the end of that quarter.

There are differences in wages that qualify for employers with 100 employees or less and those with more than 100 employees.

Eligible employers will be immediately reimbursed for the credit by reducing their required deposits of payroll taxes withheld from employees’ wages by the amount of the credit.

Note: Click here for a complete rundown at the IRS website.

Better yet, give us a call and we’ll quickly help you determine if you qualify and for how much.

Paid Sick Leave Credit & Family Leave Credit

Small and midsize employers can claim two new refundable payroll tax credits … paid sick leave credit and the paid family leave credit.  The design and intent are to immediately and fully reimburse eligible employers for the cost of providing COVID-19 related leave to their employees … and to make that repayment immediate.

The Paid Sick Leave Credit applies for employees unable to work (including telework) because of Coronavirus quarantine or self-quarantine or has Coronavirus symptoms and is seeking a medical diagnosis. Those employees are entitled to paid sick leave for up to 10 days (up to 80 hours) at the employee’s regular rate of pay up to $511 per day and $5,110 in total.

The Family Leave Credit reimburses employers for employees who are unable to work due to caring for someone with Coronavirus or caring for a child because the child’s school or place of care is closed, or the paid childcare provider is unavailable due to the Coronavirus. Those employees are entitled to paid sick leave for up to two weeks (up to 80 hours) at 2/3 the employee’s regular rate of pay or, up to $200 per day and $2,000 in total.

Employees are also entitled to paid family and medical leave equal to 2/3 of the employee’s regular pay, up to $200 per day and $10,000 in total. Up to 10 weeks of qualifying leave can be counted towards the family leave credit.

Employers can be immediately reimbursed for the credit by reducing their required deposits of payroll taxes that have been withheld from employees’ wages by the amount of the credit.

Here’s a quick summary of these credits.

Employer Reimbursements:

  • 100% reimbursement for required paid leave.
  • Cost of health insurance is included in the credit.
  • Employers do not owe their share of social security and Medicare taxes on the paid leave.
  • Self-employed individuals receive an equivalent credit.

Quick & Easy Reimbursement:

  • Dollar-for-dollar tax offset against the employer’s payroll taxes
  • The IRS will send any refunds owed as quickly as possible.

Note: Click here for a complete rundown at the IRS website.

Better yet, give us a call and we’ll quickly help you determine if you qualify and for how much.

 

19 Dec 2018

CHILD TAX CREDIT DOUBLED

Potential to Reduce Your Tax Bill
by as Much as $2,000 per Qualifying Child

Child Tax Credit Doubled

Raising children is an expensive responsibility. So it’s worth your while to take just a few minutes to see if you may qualify for relief under the Child Tax Credit (CTC). The CTC has been expanded under the new tax law enacted last year. Chief among the enhanced benefits is an increase of 100% which raises the credit from $1,000 to $2,000 per qualifying child.

We’ll take a look at the criteria to determine a child’s qualifications in a moment.  But first a word about tax credits. The best way to describe tax credits is in contrast to what most taxpayers understand … tax deductions. When compared to tax deductions, tax credits yield the better tax savings. Tax deductions reduce the amount of your income subject to tax. Tax credits directly reduce your tax bill.

For example, assume you spend $2,000 that results in a tax deduction. That will reduce your taxable income by $2,000. In a 25% tax bracket, you would save $500 in taxes.

Now compare that with a $2,000 tax credit. That amount is subtracted from the amount of tax owed as opposed to an offset to income … as is the case with a tax deduction. Result: Your tax bill is reduced by the full $2,000 tax credit! In the above example, the tax credit increases tax savings by 400%

Taxpayers, businesses and individuals, find tax credits trump tax deductions every time in saving tax dollars.

Qualifying for the Child Tax Credit

As mentioned above, you may be eligible to claim a tax credit that will reduce your tax by as much as $2,000 per qualifying child. Additionally, if you do not qualify for the full amount, you may be able to take the refundable additional child tax credit. The basic criteria to determine a child’s qualifications are:

Your son, daughter, stepchild, foster child, brother, sister, stepbrother, stepsister, half brother, half sister, or a descendant of any of them (for example, your grandchild, niece, or nephew);

  • Was under age 17 at the end of 2018;
  • Did not provide over half of his or her own support for 2018;
  • Lived with you for more than half of 2018;
  • Is claimed as a dependent on your return;
  • Does not file a joint return for the year; and
  • Was a U.S. citizen, a U.S. national, or a resident of the United States. If the child was adopted, see Adopted child .

Check out this link f you still have questions whether your child is a Qualifying Child for the CTC?

 Note: If you have at least one child that qualifies for the CTC, you may also be eligible for the Additional Child Tax Credit if you get less than the full amount of the CTC.

Notably, if you don’t owe any tax before claiming the credit, you may receive up to $1,400 in credit refunds.

Your family income must be a minimum of $2,500 to claim the credit.

As your income increases, the child tax credit begins to phase out. The phase-out trigger is increased to $200,000, or $400,000 if married filing jointly. This means that more families with children younger than 17 qualify for the larger credit.

Dependents who can’t be claimed for the child tax credit may still qualify the taxpayer for the credit for other dependents. The new tax law creates a non-refundable Family Tax Credit of up to $500 per qualifying person. These dependents may also be dependent children who are age 17 or older at the end of 2018. It also includes parents or other qualifying relatives supported by the taxpayer.

Clearly, this may be a complicated series of qualifications to decipher. If you even think you may qualify, give us a call to discuss and determine what you may expect in tax credits.

19 Dec 2018
Charitable Giving Advice from Pearson & Co. CPAs

DECEMBER … THE MONTH FOR GIVING

Do So Charitably, and With Caution

This is the season for giving. Generally we all feel more willing to open our purses for good causes. And there are plenty of opportunities to do so … both solicited and unsolicited by you. So in this article we’ll cover two major considerations before you write that check or offer your credit card:

  • Avoid fraudsters seeking to take advantage of your generosity, and
  • Determine if your donation will be to a tax-exempt charity which will trigger a tax deduction for you.

December - The Month for Giving

Research Before Giving

Research Before GivingParticularly at this time of year, you are likely to be solicited for contributions from charities and professional fundraisers working on behalf of charities. Your contact may be by phone, face-to-face, email or the internet … including social networking sites you may frequent.

Scammers use the same solicitation channels, so a few words of caution if the charity on the surface sounds appealing. Run, do not walk, when a solicitor:

  • Uses a name that closely resembles that of a better-known, reputable organization.
  • Thanks you for a pledge you don’t remember making.
  • Refuses to provide detailed information about its identity, mission, costs, and how the donation will be used.
  • Won’t provide proof that a contribution is tax deductible.
  • Uses high-pressure tactics like trying to get you to donate immediately, without giving you time to think about it and do your research.
  • Asks for donations in cash or asks you to wire money.
  • Offers to send a courier or overnight delivery service to collect the donation immediately.
  • Guarantees sweepstakes winnings in exchange for a contribution. By law, you never have to give a donation to be eligible to win a sweepstakes.

For more information, visit ftc.gov/charityfraud.

Ensuring Your Contribution is to a Tax-Exempt Charity

Not all charities are equal … when it comes to tax-deductible contributions. You may be able to deduct donations to a tax-exempt organization on your tax return so it’s critical that you determine whether your targeted charity qualifies as tax-exempt.

Before we help you determine how to identify a charities tax-exempt status, it’s worth a minute to revisit an important change in both the standard deduction and itemized deductions as enacted in the new tax law.

The standard deduction doubled from $6,350 for single filers to $12,000; married and joint filers increased from $12,700 to $24,000. This, coupled with the changes to itemized deductions, is likely to lead to more taxpayers taking a simplified approach to filing, i.e. electing the standard deduction.

Note: Traditionally, Virginia tax law has conformed to federal. However, that is not the case today as the state standard deduction has not been increased to track with the revised federal rules. There are proposals to revise the Commonwealth’s law, so be sure to check with your tax advisor to determine your best tax strategy.

OK,  let’s assume you and your tax advisor agree to consider itemizing your deductions and contribute to one or more favorite charities. To further the likelihood you will enjoy tax savings from your effort to do good, you’ll want to be sure your chosen charity is designated as tax-exempt by the Internal Revenue Service.

Happily, the IRS has a resource that will help … the Tax Exempt Organization Search tool which allows you to search for charities and identify their tax status and filings. If you choose to use the tool, here are the things to look out for:

  • Confirm an organization is tax exempt and eligible to receive tax-deductible charitable contributions.
  • Has an organization had its tax-exempt status revoked.
  • The list does not include certain organizations that may be eligible to receive tax-deductible donations, including churches, organizations in a group ruling, and governmental entities.
  • Organizations are listed under the legal name or a “doing business as” name on file with the IRS.

Questions about should you take the standard or itemized deduction route and whether a charity qualifies as tax-exempt … give us a call to discuss. We’ll respond promptly.