Business Taxes, General Information, notary, Self Employed, signing agent, Small Business, Tax Planning, Uncategorized

Businesses and Rentals Existing on Jan. 1 Must File Ownership information with FinCEN.

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Here in our South Loop Chicago Tax Preparation office, we assist new entrepreneurs with creating their business entity. Recently we have received questions regarding the new beneficial owner report that FINCEN will be requiring. This article will address the FINCEN business owner reports, the information required, and the businesses that must comply.

Effective January 1, 2024, the Corporate Transparency Act (CTA) will go into effect. If you already have an active small business or a rental property in an LLC that you started before 2024, you must comply with the new federal report filing requirements by December 31st, 2024.

If, in 2024, you start a new business or add a rental to a new LLC, you will have 90 days to comply with the new Federal reports filing requirement. Under this requirement, you have to file two reports simultaneously with the Federal Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN):

  • A “beneficial owner” information report (BOI report).
  • A company applicant information report.

Please note that this new federal filing is separate from state and local filings, such as your annual report. From now on, determining whether this filing is required, and completing it within the deadline must become a routine part of forming most new corporations and LLCs.

This brand-new federal beneficial owner information report (BOI report) will be filed with the Financial Crimes Enforcement Network (FinCEN)—the Treasury Department’s financial intelligence unit. The filing requirement applies to most corporations, limited liability companies, limited partnerships and certain other business entities.

These BOI reports must disclose the identities and provide contact information for all of the entity’s “beneficial owners”: the humans who either (1) control 25 percent of the ownership interests in the entity or (2) exercise substantial control over the entity.

Your BOI report must contain all the following information for each beneficial owner”:[1]

  • Full legal name
  • Date of birth
  • Complete current residential street address
  • A unique identifying number from either a current U.S. passport, state or local ID document, or driver’s license or, if the individual has none of those, a foreign passport
  • An image of the document from which the unique identifying number was obtained

What happens if I don’t comply?

First, there are civil penalties of up to $500 for each day that a violation continues (capped at $10,000).
Second, there are also potential criminal penalties—imprisonment for up to two years for any person who willfully:

1.) provides, or attempts to provide, false or fraudulent beneficial ownership information and/or
2.) fails to report complete or updated beneficial ownership information to FinCEN.

The good news is that if make a mistake, you can avoid civil or criminal liability by submitting a corrected report within 90 days.

Who will have access to these reports?

FinCEN will create a new database called BOSS (Beneficial Ownership Secure System) for the BOI and will deploy the BOI to help law enforcement agencies prevent the use of anonymous shell companies for money laundering, tax evasion, terrorism, and other illegal purposes. It will not make the BOI reports publicly available.

Is my company a reporting company?

The CTA applies only to “reporting companies.” If the entity you’re forming is not a reporting company, you don’t have to worry about the CTA. Unfortunately, almost all small businesses are reporting companies.

Subject to some significant exemptions, the CTA applies to business entities formed by filing a document such as articles of incorporation or organization with a secretary of state office or similar official. This includes LLC’s corporations, limited partnerships in most states, and limited liability partnerships.

Breakdown of Business Entities & Their Reporting Requirements.

Sole proprietors. The CTA does not apply to sole proprietors because no document need be filed to legally establish a sole proprietorship (you simply start a business you own yourself).

Single-member LLCs. The CTA applies to individual business owners who form one-member LLCs to operate a business, even though that single-member LLC is taxed as a sole proprietorship (a “disregarded entity”). Reason: you must file a document (usually called articles of organization) with the secretary of state to form a one-member LLC, just as you must for multi-member LLCs.

Rental property. Many individuals form LLCs to own their rental properties. The newly formed 2024 LLCs trigger the CTA reporting requirements.

General partnerships. The CTA does not apply to general partnerships, except in a few states such as Delaware where general partnerships must make a state filing to come into existence. In states where the general partnership filing is optional and the partnership makes the filing, it must file the BOI.

Business trusts. Most business trusts are not reporting companies since no government filings are required to create them. But there are exceptions, such as Delaware statutory trusts.

Foreign corporations. The CTA also applies to foreign corporations, LLCs, and other entities that register to do business in the U.S. This is ordinarily done by filing a document with the state’s secretary of state.

Small businesses. Not all LLCs, corporations, or other business entities are subject to the CTA. Its focus is on smaller businesses not already heavily regulated by the federal government. FinCEN estimates that of the approximately 5,616,000 new companies formed each year, about 617,894 will be exempt. The broadest exemption is for “large operating companies.” These are businesses with:

  • more than 20 full-time employees (those who work more than 30 hours per week),
  • $5 million in domestic gross receipts or sales on their prior-year tax return, and a physical presence in the U.S
  • tax-exempt non-profits, including Section 501(c)(3) corporations, and Section 527 political organizations.

What happens if I change my business address or personal address?

You will have to file an updated BOI Report. The BOI updated filing will need to be renewed if any of the information on the BOI report changes. If there is a change in the information on the BOI report, an updated report must be filed within 30 days of the change.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, or business compliance assistance please contact us online, or call our office at 855-743-5765. Do you owe the IRS, or your state back taxes? Do you have unfiled tax returns? Is the IRS threatening to garnish your paycheck, or levy your bank account? Are you ready to get back on track with the IRS? Howard Tax Prep LLC will help you get back on track with the IRS, get into a settlement, or setup a payment with the IRS. Reach out to us now! Make sure tojoin our newsletter for more tips on reducing taxes, and increasing your wealth.

Author information: Trudy M. Howard is a managing member of Howard Tax Prep LLC, a south loop of Chicago tax preparation and accounting office.

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Business Taxes, General Information, General Tax Topics, Self Employed, signing agent, Small Business, Tax Credits, Tax Debt, Tax Deductions, Tax Planning, Tax Reduction

2023 Meals that business owners can & cannot deduct (chart included).

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Summer is fast approaching, and with the weather change, businesses will soon be hosting office picnics, award ceremonies, and holiday parties. As is the only constant in tax matters, there are changes (again) in what meals the IRS will allow small business owners to deduct at 100% or 50%. Here in our Chicago South Loop Tax Preparation and our Homewood Il, Tax preparation offices, since you no longer can deduct all restaurant meals at 100%, we’ve done the research for you so that you can plan accordingly when organizing an office outing, having a business lunch, or providing meals for an employee meeting.

As you may already know, there have been some major changes to the business meal deduction for 2023 and beyond. The deduction for business meals has been reduced to 50 percent, a significant change from the previous 100 percent deduction for business meals in and from restaurants, which was applicable only for the years 2021 and 2022 due to Covid.

To help you better understand what you can deduct, please see the table below:

Amount Deductible for Tax Year 2023 and Beyond
Description100%50%Zero
Restaurant meals with clients and prospects X 
Entertainment such as baseball and football games with clients and prospects  X
Employee meals for the convenience of the employer, served by an in-house cafeteria X 
Employee meals for required business meetings, purchased from a restaurant X 
Meal served at the chamber of commerce meeting held in a hotel meeting room X 
Meal consumed in a fancy restaurant while in overnight business travel status X 
Meals cooked by you in your hotel room kitchen while traveling away from home overnight X 
Year-end party for employees and spousesX  
Golf outing for employees and spousesX  
Year-end party for customers  X
Meals made on premises for the general public at a marketing presentationX  
Team-building recreational event for all employeesX  
Golf or theater outing or football game with your best customer  X
Meal with a prospective customer at a country club following your non-deductible round of golf X 
Chart of what meals you can deduct at 100% and what you can deduct at 50%.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, or business compliance assistance please contact us online, or call our office at 855-743-5765. Do you owe the IRS, or your state back taxes? Do you have unfiled tax returns? Is the IRS threatening to garnish your paycheck, or levy your bank account? Are you ready to get back on track with the IRS? Howard Tax Prep LLC will help you get back on track with the IRS, get into a settlement, or setup a payment with the IRS. Reach out to us now! Make sure to join our newsletter for more tips on reducing taxes, and increasing your wealth.

Author information: Trudy M. Howard is a managing member of Howard Tax Prep LLC, a south loop of Chicago tax preparation and accounting office.

Business Taxes, General Information, General Tax Topics, notary, Self Employed, signing agent, Small Business, Uncategorized

Everything you need to know about side income, business income, & self employment taxes.

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Here in our Chicago South Loop Tax Preparation, and our Homewood Il, Tax preparation offices, we specialize in helping business owners and real estate investors reduce their tax liability. One topic that always comes up is the topic of self-employment taxes. Regardless of age, all individuals with self-employment income must pay self-employment taxes. Even if you have a regular W2 job, if you earn additional income through a side gig, then you have self-employment income. Self-employment income can be earned through rideshare (Uber or Lyft) driving, delivery driver (Doordash, GrubHub, Instacart, etc.) work, independent contractor work (construction, life insurance sales, cleaning business, etc.) selling things online (Mercari, Eba, Amazon, etc.) or simply selling dinners out of your home.

The government claims that the reason self-employed workers need to pay self-employment taxes (in addition to income taxes), is so that when business owners reach retirement age, they’ll be able to collect Social Security and Medicare part A (hospital insurance) benefits if they paid self-employment taxes for at least 10 years (40 quarters). It is important to note that self-employment taxes are paid on your net earnings from self-employment, not your entire business income. In this article, we will discuss:

  • What is the self-employment tax
  • How Much Are Self-Employment Taxes?
  • Do employees pay less in tax than self-employed people?
  • Individuals Subject to Self-Employment Taxes.
  • Net Earnings from Self-Employment.
  • What happens if I own two businesses?
  • What happens if you work a job and have side self-employment income?
  • Will having self-employment income allow me to write off everything?
  • Income Not Subject to Self-Employment Taxes.

If you own an unincorporated business, you likely pay at least three different federal taxes. These three taxes are:

  • Federal income taxes.
  • Social Security taxes.
  • Medicare taxes.

Social Security taxes and Medicare taxes are collectively called self-employment taxes.

The self-employment tax totals 15.3% and has two parts:

1.) 12.4 percent Social Security tax up to an annual income ceiling adjusted for inflation each year ($147,000 for 2022)
2.) 2.9 percent Medicare tax on all net earnings from self-employment.

If your self-employment income is more than $200,000 (if you’re single) or $250,000 (if you’re married filing jointly), you must pay an additional 0.9 percent Medicare tax on self-employment income over the applicable threshold for a total 3.8 percent Medicare tax.

Do employees pay less in taxes than self-employed people?

Excluding the additional Medicare tax that’s levied solely on employees, the self-employment tax rate is the same as the combined Social Security and Medicare payroll tax paid by employees and employers. But with employment, employers pay half of the taxes while withholding the other half from their employees’ wages.

At first glance, it looks as if W-2 employees personally pay half as much as the self-employed. But that’s not so. The tax code allows the self-employed to make up for some of this unfairness by allowing them to reduce net income subject to self-employment taxes by 7.65 percent and deduct on their Form 1040 half of their self-employment taxes.

Individuals Subject to the Self-Employment Tax.

You pay self-employment tax if you:

  • operate as a single-member LLC.
  • earn income on a 1099-NEC.
  • operate as a single-member LLC.
  • do business as a sole proprietor.
  • are a general partner in a partnership.
  • are an LLC member in a multi-member LLC.
  • or are a co-owner of any other business entity taxed as a partnership (there is an exemption for limited partners).

You determine if your activity is a business under the same rules you use for deducting business expenses. The general rule is that a business is an activity you engage in regularly and continuously to earn a profit. You don’t have to work at a business full-time, but it can’t be a sporadic activity.

Net Earnings from Self-Employment.

The self-employment tax is not a progressive tax. It starts immediately—on dollar one, once you have over $433 in Schedule C, E, or F net income from a business ($433 x 92.35 activity = $400 which is the starting amount that requires reporting of self-employment income, & the payment of self-employment taxes).

Example. Nancy earns $1,000 from her single-member LLC, and reports this income on Schedule C. Her net earnings from self-employment are $935 ($1,000 x 92.35 percent). Her self-employment tax is $143 ($935 x 15.3 percent).

Your net earnings from self-employment start with the gross income from your trade or business minus valid allowable business deductions. Because you get to deduct valid business expenses, it makes it even more important to keep up with your bookkeeping, so that you can identify the expenses that will allow you to lower your income tax and self-employment tax.  It’s important to note that, personal itemized deductions (charity donations, property taxes, medical expenses, etc.) and “above-the-line” adjustments to income don’t decrease net earnings from self-employment.

What happens if I own two businesses?

If you have more than one business (say two Schedule Cs), you combine the net income or loss to determine your net earnings from self-employment. Thus, a loss from one business offsets the income from another profitable business. But all is not roses: when calculating net earnings from self-employment, you may not deduct:

  • Net operating loss carryovers from past years,
  • Deduction for health insurance premiums for the self-employed,
  • Contributions to a self-employed retirement plan such as an IRA, SEP-IRA, or 401(k).
  • Section 199A qualified business income deduction.
  • Deduction for one-half of your self-employment taxes.

What if I Have Both W-2 Wages and Self-Employment Income?

If you earn both W-2 wages and self-employment income, you count your W-2 first as if you had no self-employment income. If your W-2 wages exceed the annual ceiling ($147,000 in 2022), no Social Security taxes are due on any of your self-employment income. In this case, you pay less in taxes under the ordering rule because it allows you to use all or part of the Social Security wage ceiling with your employee income (taxed at 6.2 percent).

Will having self-employment income allow me to write off everything?

Despite what some may believe, becoming self-employed will NOT allow you to

  • Write off all your meals as a business expense.
  • Write off all the utility bills in your home.
  • Write off 100% of your cell phone usage.
  • Deduct the cost of taking your friends to sporting events or bars.
  • Deduct all your travel and transportation expenses.
  • Write off the entire cost of owning or renting a residence that contains your home office.

Some types of income are not subject to self-employment tax at all, including:

  • most rental income,
  • most dividend and interest income,
  • gain or loss from sales and dispositions of business property, and
  • S corporation distributions to shareholders.

S Corporation Distributions

The income earned by an S corporation passes through the business to the individual shareholders as dividends or distributions. Such pass-through S corporation income is not trade or business income to the shareholders and is not subject to self-employment taxes.

Key point. The S corporation is the one business form that can save its owners substantial self-employment taxes, which is why it is so popular. However, most first starting out don’t need a S-Corp as the cost to maintain the S-Corp, payroll, and bookkeeping will outweigh the benefits until you net at least $35,000-$40,000.

Example Jason owns a landscaping business that generates $100,000 in net profit. If he operates as a sole proprietor, 92.35 percent of his $100,000 net business income is net earnings from self-employment subject to self-employment taxes. Instead, he incorporates his business with him as the sole shareholder and works full-time in the business as the corporation’s employee. Jason has his corporation pay him $60,000 as employee salary, on which payroll taxes must be paid. In addition, the corporation distributes $40,000 to Jason during the year as a distribution. The $40,000 is not subject to self-employment taxes, saving $5,652 in taxes ($40,000 x 92.35 percent x 15.3 percent)

Here are five things to know from this article:

  1. The self-employed must pay a 12.4 percent Social Security tax and a 2.9 to 3.8 percent Medicare tax on their net earnings from self-employment.
  2. The 12.4 percent Social Security tax is subject to an annual income ceiling ($147,000 for 2022).
  3. You must pay self-employment taxes if you earn income from a business, side hustle, or side gig that you report on Schedule C or F, co-own as a general partner in a partnership, or own as a member in a multimember LLC, or if you co-own any other business entity taxed as a partnership.
  4. Net earnings from self-employment do not include real estate rental income (unless you provide services to tenants), dividend or interest income, or gain or loss from business property other than inventory.
  5. Distributions from S corporations are not subject to self-employment taxes. S corporations must ordinarily treat shareholders who work in the corporate business as employees and pay them a reasonable W-2 salary

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, business insurance, or business compliance assistance please contact us online, or call our office at 855-743-5765. Make sure to join our newsletter for more tips on reducing taxes, and increasing your wealth.

Business Taxes, Family Taxes, General Information, General Tax Topics, Self Employed, signing agent, Small Business, Tax Deductions, Tax Planning, Tax Reduction

END OF THE YEAR TAX DEDUCTION CHECKLIST FOR S CORP HOLDERS

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Here in our Chicago south loop tax preparation office, and our Homewood Illinois tax preparation office, we often work with clients that want to legally reduce their tax bill, without triggering an audit. For our self-employed clients that realize a net profit of $35,000-$40,000 we sometimes recommend that they utilize the S-Corp taxation option (rather than a disregarded entity taxation status), as the S-Corp option will allow them to take advantage of some pretty awesome tax deductions. Below are 3 end of the year things that S-Corps must make sure to have done.

MAKE SURE THAT YOU HAVE PAID YOURSELF A REASONABLE COMPENSATION VIA PAYROLL, AND THAT YOU HAVE PAID YOUR PAYROLL TAXES.

You likely formed an S corporation to save on self-employment taxes. If so, is your S corporation salary

  • nonexistent?
  • too low?
  • too high?
  • just right?

Getting the S corporation salary right is important. First, if it’s too low and you get caught by the IRS, you will pay not only income taxes and self-employment taxes on the too-low amount, but also both payroll and income tax penalties that can cost plenty. Second, in most cases, the IRS is going to expand the audit to cover three years and then add the income and penalties for those three years. Third, after being found out, you likely are now stuck with this higher salary, defeating your original purpose of saving on self-employment taxes. Make sure to work with your accountant to help figure out your salary. You should also make sure that you corporate minutes name your salary, and have documents that prove your salary is reasonable (you can use the market approach, the income approach, or the cost approach).

RENTAL OF PERSONAL RESIDENCE FOR UP TO 14 DAYS FOR TAX FREE INCOME.

If your S-Corp is paying you (or your spouse) as an individual rent to use your residential space for hosting business meetings, please do the following:

  1. Research the going rate for conference/meeting room rental in your area. Please view our detailed YouTube video on how to use the 14 day free rental income tax rule, & find the rental rates that your S-Corp can pay individuals.
  2. Invoice your corporation for room conference/meeting rental.
  3. Create a conference/meeting room rental agreement, or order one from Howard Tax Prep LLC.
  4. Write a check, send a zelle, cash app, etc. from your corporate bank account, to your personal bank account.
  5. Document the business purpose with meeting minutes, & resolutions.

HOME OFFICE & CELLPHONE REIMBURSEMENT

If you operate as a corporation, your home-office deduction does not show on either your personal return or your corporate return if you have the corporation reimburse the office as an employee business expense. To reimburse as an employee business expense, you must do the 5 things listed below.

  1. Have a written corporate reimbursement policy. We offer plans for home office, travel, and cellphone usage reimbursement.
  2. Have employee (you) submit a reimbursement sheet, and keep track of cost for reimbursement.
  3. Pay employee (you) from the corporation’s bank account.
  4. Document business use of home office. For example, accounting, marketing, emailing clients, creating policies, planning meetings, etc.

LIST OF 12 MEETING IDEAS

Annual Meeting Minutes.Recent Accomplishments.
Next Quarters Sales Goals.Industry News.
Process Updates.Customer/Client Feedback.
Design/Branding Review.Marketing Plan.
Annual Budget Meeting.Review of compliance records.
Board of Directors Decisions.Annual Financial Performance Review.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, business insurance, or business compliance assistance please contact us online, or call our office at 855-743-5765. Make sure to join our newsletter for more tips on reducing taxes, and increasing your wealth.

Business Taxes, Family Taxes, General Information, General Tax Topics, notary, Self Employed, signing agent, Small Business, Tax Debt, Tax Deductions, Tax Planning, Tax Reduction

IRS says that some PPP (Paycheck Protection Program) loans that were forgiven improperly, are taxable.

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The IRS recently issued guidance addressing improper forgiveness of a Paycheck Protection Program loan (PPP loan).

To summarize, the guidance says that if a taxpayers PPP loan is forgiven based upon lies, or leaving things out (misrepresentations or omissions) the taxpayer cannot exclude the forgiven loan income from taxation; basically, you will have to pay taxes on the loan amount that you received.

According to the IRS, while many small business owners were entitled to receive the loan (and properly claimed the PPP loan forgiveness), there are many taxpayers who weren’t eligible for the loan, or loan forgiveness. Some taxpayers lied to receive the PPP loan funds, while other’s spent the loan proceeds on ineligible items.

Per IRS Issue Number IR-2022-162: “Under the terms of the PPP loan program, lenders can forgive the full amount of the loan if the loan recipient meets three conditions. 

1 – The loan recipient was eligible to receive the PPP loan.  An eligible loan recipient:

  • is a small business concern, independent contractor, eligible self-employed individual, sole proprietor, business concern, or a certain type of tax-exempt entity; 
  • was in business on or before February 15, 2020; and
  • had employees or independent contractors who were paid for their services, or was a self-employed individual, sole proprietor or independent contractor.

2 – The loan proceeds had to be used to pay eligible expenses, such as payroll costs, rent, interest on the business’ mortgage, and utilities.

3 – The loan recipient had to apply for loan forgiveness. The loan forgiveness application required a loan recipient to attest to eligibility, verify certain financial information, and meet other legal qualifications.

If the 3 conditions above are met, then under the PPP loan program the forgiven portion is excluded from income.  If the conditions are not met, then the amount of the loan proceeds that were forgiven but do not meet the conditions must be included in income and any additional income tax must be paid.”

Per IRS Issue Number IR-2022-162: “Taxpayers who inappropriately received forgiveness of their PPP loans are encouraged to take steps to come into compliance by, for example, filing amended returns that include forgiven loan proceed amounts in income.” In essence, if you know that you lied about how you spent the PPP (paycheck protection program) funds, take the lie back by amending (changing) your tax return to reflect the truth.

IRS Commissioner Chuck Retting said: “This action underscores the Internal Revenue Service’s commitment to ensuring that all taxpayers are paying their fair share of taxes.” “We want to make sure that those who are abusing such programs are held accountable, and we will be considering all available treatment and penalty streams to address the abuses.”

If you, or someone you know had a person “do your PPP loan” (complete the application, and get you the funds), and you need assistance with amending your tax return, please reach out to us for assistance.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, need help with tax debtbusiness tax preparationbusiness entity creationbusiness insurance, or business compliance assistance please contact us online, or call our office toll free at 1-855-743-5765 or locally in Chicago or Indiana at 1-708-529-6604. Make sure to join our newsletter for more tips on reducing taxes, and increasing your wealth. Never miss another tip again! Join our newsletter, to receive tax reduction/wealth building tips delivered right to your inbox!