Reminder: Ohio Quarterly CAT Return Filing Deadline is Friday, November 10

The Ohio Quarterly CAT Return filing deadline is Friday, November 10, 2017. 

The commercial activity tax (CAT) is an annual tax imposed on Ohio business entities and certain out of state businesses for the privilege of doing business in Ohio. It is measured by taxable gross receipts from business activities in Ohio.  Businesses with Ohio taxable gross receipts of $150,000 or more per calendar year must register for the CAT, file all applicable returns and make all corresponding payments.  CAT applies to all types of businesses such as, but not limited to, retailers, service providers and manufacturers.  Certain receipts are not taxable receipts, such as interest, dividends, capital gains, wages reported on a W-2, or gifts.

Annual CAT taxpayers are those taxpayers with taxable gross receipts between $150,000 and $1,000,000.

Ohio CAT - Annual Filing Deadline

Taxpayers with annual taxable gross receipts in excess of $1,000,000 must file and pay returns on a quarterly basis.  Quarterly returns are required to be filed electronically through the Ohio Business Gateway.  Quarterly taxpayers are required to pay a $150 annual minimum tax for receipts up to $1,000,000 with their 1st quarter payment.  In addition, quarterly taxpayers pay a rate component for taxable gross receipts in excess of $1,000,000.

Ohio CAT - Quarterly Deadlines

Quarterly taxpayers shall apply the full $1,000,000 exclusion amount to the first quarter return for that calendar year and may carry forward and apply any unused exclusion amount to subsequent calendar quarters within the same calendar year.  Any unused exclusion amount from the calendar may not be carried forward into the next calendar year.

Taxpayers who are not registered for the CAT must register first before filing any return.

Commercial Activity Tax Deadline

Contact Levin Swedler Kennedy – Certified Public Accountants with any questions regarding Ohio CAT compliance.

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The 401(k) Plan Roth Option – Right for You?

Does your employer’s 401(k) plan allow Roth deferrals?  If so, you may be wondering if that’s a good choice for you.  In fact, you may have been wondering about this for a few years now!  Even though the Roth 401(k) option has been around more than a decade, and even though many 401(k) plans now allow it, the fact is that relatively few participants take advantage of it.  Let’s bridge this education gap!

How Roth deferrals differ from traditional pre-tax deferrals

With pre-tax elective deferrals, you make tax-free contributions to your 401(k) plan, but then you pay income taxes on distributions out of your plan in retirement.

With Roth elective deferrals, you pay income taxes up front on the contributions to your 401(k) plan, but then you receive tax-free distributions out of your plan in retirement.1

Because of this basic difference, note the following facts:

Pre-Tax Deferrals vs Roth Deferrals

You may feel the first point in the table above makes you to lean toward wanting to contribute pre-tax elective deferrals – because you like the idea of paying less income taxes currently and therefore having more take-home pay right now.  How will you feel in retirement, though, when you may be living on a fixed income, and income taxes significantly reduce distributions you receive?  You really just don’t know.  Unless you somehow know you will be well-off during retirement, it could be very difficult to see those tax dollars go out the window.

You may also feel the second point in the table above makes you to lean toward wanting to contribute pre-tax elective deferrals – because you feel you will have less taxable income during your retirement years, and therefore you will be in a lower tax bracket and paying a lower income tax rate than you do today.  The fact is, however, that most people really don’t know if their income tax rate will be lower during retirement.  After all, the current maximum individual income tax rate is actually relatively low right now.  Income tax rates, tax brackets, the standard deduction, taxable income thresholds for deductions, etc. are all determined by Congress – they can and do change relatively often.  The entire income tax structure could even change before you retire.

The big deal about Roth deferrals

Never pay taxes on the earnings

The third point in the table above is actually the game changer here – the real advantage of Roth 401(k) contributions is tax-free net gains.  If you pay taxes on only your contributions, which is the case with Roth elective deferrals, then you will be paying taxes on less money.  Many experts feel this trumps everything else.  You will never pay income taxes on the interest and dividend income or the net increase in market value in a Roth 401(k) account.  Your contributions will grow tax-free for decades.  With a traditional pre-tax 401(k), however, you pay tax on the principal (your contributions) AND the net gains when you take the money out.

More bang for your buck

Whatever your savings goal for retirement, you always have to consider that a large chunk of any traditional pre-tax balance in your 401(k) account will eventually be used to pay income taxes, whereas your entire Roth balance will be available to you.  Therefore, Roth contribution dollars are worth more to you in your account than traditional pre-tax contribution dollars.  In 2017, the 401(k) elective deferral limit is $18,000.  If you are age 50 or older, you can contribute an additional $6,000.  This annual limit is the same regardless of what type of deferrals you make – Roth, pre-tax, or both.  If you can afford to contribute the maximum, you are really able to save much more by contributing Roth deferral dollars.

Opportunity to invest your retirement money longer

Regardless of whether your 401(k) account includes a Roth balance, a traditional pre-tax balance, or both, you must begin taking required minimum distributions (RMDs) from your account once you reach age 70½ if you are no longer working (or if you own at least 5% of the plan sponsor), or pay a penalty.  However, you can avoid this requirement on the Roth portion of your account when you retire if you roll it over tax-free into a Roth IRA.  This is because, unlike a traditional IRA, a Roth IRA has no RMD requirement, so your retirement money can continue to grow tax-free and compound and, if not withdrawn by you during your lifetime, pass on to your heirs tax-free.

Who benefits the most from making Roth deferrals instead of traditional pre-tax deferrals

Investment time horizon considerations

A Roth 401(k) is particularly suitable if you won’t be retiring for a long time.  This is because your contributions will grow tax-free and compound over many, many years.  A Roth 401k is almost always better than a traditional 401(k) if you are in your 20’s or 30’s.

Tax considerations

Currently, a retiree’s taxable income affects the amount they pay in Medicare premiums, the tax rate they pay on their Social Security benefits, and the availability and limits of certain income tax deductions.  If these are concerns to you and you are nearing retirement, then reducing your taxable income in retirement would be beneficial.  In this case, it makes sense to favor Roth elective deferrals over pre-tax elective deferrals – because Roth distributions are not taxable income.

Other considerations

Paying taxes years earlier than necessary

It’s tempting to think that when you make Roth 401(k) contributions, you are volunteering to pay taxes many years earlier than you need to, and that with a traditional pre-tax 401(k), you would have extra take-home pay to set aside as savings.  There are three flaws to this thinking, though.  For one, most people are not disciplined enough to save additional money out of their paychecks once it is available, so it’s likely you would not save it.  Another flaw is that even if you are able to pull this off, you are saving money upon which you have already paid income taxes, so it is already somewhat depleted to begin with.  Finally, the earnings on a savings account or certificate of deposit pale in comparison to the net gains possible from investing in the market through a 401(k) plan over the long-term.

Concerns about having a diversification between pre-tax and after-tax retirement money

If you’re still not sure whether a Roth 401(k) makes sense for you, one strategy is to contribute to both a Roth 401(k) and a traditional 401(k).  The combination will provide you with both taxable and tax-free withdrawal options in your retirement.

If you like this idea of having both withdrawal options, and your plan sponsor contributes either a company match, a safe-harbor contribution, or a profit sharing contribution to your 401(k) plan though, you can still contribute only Roth elective deferrals and achieve the same result.  This is because such plan sponsor contributions are all pre-tax investments.  Those contributions and the net earnings on them are always taxed as ordinary income when you take distributions of them in retirement.

Conclusion

Hopefully you are now armed with all the facts you need to make an intelligent  decision on whether or not the Roth 401(k) option is right for you.  As you can see, you need to consider several issues.  If you feel you need additional guidance, your plan administrator can have you speak with someone who provides investment education to participants in your plan.  Another great resource is a certified public accountant.  Good luck!

1For Roth distributions to be completely tax-free, you must be at least 59½ years old and have held the account for at least five years prior to your first withdrawal.  If you do not meet these conditions, distributions of your Roth contributions are still tax-free, but distributions of your net earnings are taxable, and you may incur a 10% penalty tax.

Written by: Debi Ondrik, CPA

Akron, Ohio Certified Public Accountants

 

Posted in 401 (k) plan, 403 (b) plan, Accounting, Akron Accounting Firm, Akron Certified Public Accountants, Akron Ohio Community, Business Owners, Internal Revenue Service, Retirement, Taxation, Taxes | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Tips to Know for Deducting Losses from a Disaster

The IRS wants taxpayers to know it stands ready to help in the event of a disaster. If a taxpayer suffers damage to their home or personal property, they may be able to deduct the loss they incur on their federal income tax return. If their area receives a federal disaster designation, they may be able to claim the loss sooner.

Ordinarily, a deduction is available only if the loss is major and not covered by insurance or other reimbursement.

Here are 10 tips taxpayers should know about deducting casualty losses:

  1. Casualty loss. A taxpayer may be able to deduct a loss based on the damage done to their property during a disaster. A casualty is a sudden, unexpected or unusual event. This may include natural disasters like hurricanes, tornadoes, floods and earthquakes. It can also include losses from fires, accidents, thefts or vandalism.
  2. Normal wear and tear. A casualty loss does not include losses from normal wear and tear. It does not include progressive deterioration from age or termite damage.
  3. Covered by insurance. If a taxpayer insured their property, they must file a timely claim for reimbursement of their loss. If they don’t, they cannot deduct the loss as a casualty or theft. Reduce the loss by the amount of the reimbursement received or expected to receive.
  4. When to deduct. As a general rule, deduct a casualty loss in the year it occurred. However, if a taxpayer has a loss from a federally declared disaster, they may have a choice of when to deduct the loss. They can choose to deduct it on their return for the year the loss occurred or on an original or amended return for the immediately preceding tax year.
    This means that if a disaster loss occurs in 2017, the taxpayer doesn’t need to wait until the end of the year to claim the loss. They can instead choose to claim it on their 2016 return. Claiming a disaster loss on the prior year’s return may result in a lower tax for that year, often producing a refund.
  5. Amount of loss. Figure the amount of loss using the following steps:
    • Determine the adjusted basis in the property before the casualty. For property a taxpayer buys, the basis is usually its cost to them. For property they acquire in some other way, such as inheriting it or getting it as a gift, the basis is determined differently. For more information, see Publication 551, Basis of Assets.
    • Determine the decrease in fair market value, or FMV, of the property as a result of the casualty. FMV is the price for which a person could sell their property to a willing buyer. The decrease in FMV is the difference between the property’s FMV immediately before and immediately after the casualty.
    • Subtract any insurance or other reimbursement received or expected to receive from the smaller of those two amounts.
  1. $100 rule. After figuring the casualty loss on personal-use property, reduce that loss by $100. This reduction applies to each casualty-loss event during the year. It does not matter how many pieces of property are involved in an event.
  2. 10 percent rule. Reduce the total of all casualty or theft losses on personal-use property for the year by 10 percent of the taxpayer’s adjusted gross income.
  3. Future income. Do not consider the loss of future profits or income due to the casualty.
  4. Form 4684. Complete Form 4684, Casualties and Thefts, to report the casualty loss on a federal tax return. Claim the deductible amount on Schedule A, Itemized Deductions.
  5. Business or income property. Some of the casualty loss rules for business or income property are different from the rules for property held for personal use.

Call the IRS disaster hotline at 866-562-5227 for special help with disaster-related tax issues. For more on this topic and the special rules for federally declared disaster-area losses see Publication 547, Casualties, Disasters and Thefts. Get it and other IRS tax forms on IRS.gov/forms at any time.

Avoid scams. The IRS will never initiate contact using social media or text message. First contact generally comes in the mail. Those wondering if they owe money to the IRS can view their tax account information on IRS.gov to find out.

Additional IRS Resources:

IRS YouTube Videos:

Original article was published on March 30, 2017 by the Internal Revenue Service – IRS Summertime Tax Tip 2017-01

Posted in Accounting, Akron Accounting Firm, Akron Certified Public Accountants, Akron Ohio Community, Business, Business Owners, Deductions, Disaster, Federal Disaster Designation, Internal Revenue Service, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Reminder: Ohio Quarterly CAT Return Filing Deadline is Thursday, August 10

The Ohio Quarterly CAT Return filing deadline is Thursday, August 10, 2017. 

The commercial activity tax (CAT) is an annual tax imposed on Ohio business entities and certain out of state businesses for the privilege of doing business in Ohio. It is measured by taxable gross receipts from business activities in Ohio.  Businesses with Ohio taxable gross receipts of $150,000 or more per calendar year must register for the CAT, file all applicable returns and make all corresponding payments.  CAT applies to all types of businesses such as, but not limited to, retailers, service providers and manufacturers.  Certain receipts are not taxable receipts, such as interest, dividends, capital gains, wages reported on a W-2, or gifts.

Annual CAT taxpayers are those taxpayers with taxable gross receipts between $150,000 and $1,000,000.

Ohio CAT - Annual Filing Deadline

Taxpayers with annual taxable gross receipts in excess of $1,000,000 must file and pay returns on a quarterly basis.  Quarterly returns are required to be filed electronically through the Ohio Business Gateway.  Quarterly taxpayers are required to pay a $150 annual minimum tax for receipts up to $1,000,000 with their 1st quarter payment.  In addition, quarterly taxpayers pay a rate component for taxable gross receipts in excess of $1,000,000.

Ohio CAT - Quarterly Deadlines

Beginning in calendar year 2013, quarterly taxpayers shall apply the full $1,000,000 exclusion amount to the first quarter return for that calendar year and may carry forward and apply any unused exclusion amount to subsequent calendar quarters within the same calendar year.  Any unused exclusion amount from the calendar may not be carried forward into the next calendar year.

Taxpayers who are not registered for the CAT must register first before filing any return.

Commercial Activity Tax Deadline

Contact Levin Swedler Kennedy – Certified Public Accountants with any questions regarding Ohio CAT compliance.

Levin Swedler Crum - CPAs

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Managing Risk with Internal Controls

Fraud happens and it’s not just affecting large corporations.  Small to medium size business are also at risk due to internal control deficiencies and minimal enforcement of policies in place.  According to the 2016 Association of Certified Fraud Examiners (ACFE) Global Fraud Study, fraud is disproportionately affecting small businesses. Per the ACFE, 30% percent of all fraud cases occurred in businesses with less than 100 employees.  Billing schemes, skimming, and corruption are all top fraud risks for small businesses, according to the ACFE. A well-defined internal control system can help reduce your company’s exposure and give you a better chance of detecting fraud. The following are 4 of the most common challenges to consider when defining internal controls:

  1. Segregation of Duties – As the business grows, roles can become less-defined and opportunities for fraud exist. With increasing responsibilities for some employees, many business owners are unknowingly opening opportunities for fraud. Identify which employees are handling various aspects of your business and determine where these opportunities might exist. Your bookkeeper may process payables, receivables, cash disbursements, and cash receipts, but by segregating these duties you are taking away an opportunity to commit fraud.
  1. Documentation of Policies and Procedures – It’s important that job roles and business processes are clearly defined to ensure transparency and consistency for each business process. Without sufficient documentation of key transactions and business processes, no framework exists for developing and maintaining an effective set of internal controls. Documenting when various activities will occur and how certain processes will be evaluated gives necessary guidance to employees, while giving management a better sense of where fraud can occur. Management should place a continued emphasis on maintaining proper records to help reduce risks to your business.
  1. Employee Access to Information – In many small businesses, employees have access to most if not all data. This frequently occurs due to undefined employee roles and for convenience.  Work to limit your employees’ access to include only those items that they need.  Provide further access on an as-needed basis for temporary relief caused by terminations or absences.  This access should be reviewed periodically by management to determine whether rights should be added or revoked as an employee progresses within the company.
  1. Management Oversight and Review – The aforementioned internal control tips are useless without managerial emphasis on adherence to the policies and procedures your business has implemented. If shortcuts are routinely taken due to time or personnel constraints, these shortcuts can then become normalized.  Your company’s exposure to fraud will increase because of this.  Across most organizations, business owners and management can often be pulled in to the day to day operations to help meet the goals of the business.  It’s important to consistently review key business metrics, financial statements, and other data available to business owners and management.

These are just a few areas for managers and small business owners to review, but an increased emphasis on internal controls decreases your exposure to fraud. Your accountant is a useful resource for reviewing your internal control system, please contact Levin Swedler Kennedy for help.

Written by: Dane Schaffer

Levin Swedler Kennedy - CPAs

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Businesses Subject to the Partnership Tax Rules Need to Review Their Operating Agreements in Light of Changes Right Around the Corner

The Bipartisan Budget Act of 2015 is making major changes to the examination and collection processes the IRS uses in its administration of the tax regime that governs businesses that are taxed as partnerships, such as limited liability companies that don’t affirmatively elect to be taxed as a corporation (this is most LLC’s). The new rules go into effect for tax years beginning January 1, 2018, so 2017 will be the last tax year the IRS will conduct partnership audits by default under the old rules for calendar year entities. If you have an interest in an entity taxed as a partnership, you should be aware how these changes may impact you.

Examination Changes

IRS Building sign pictureThe old rules made use of a “tax matters partner” to be the representative the IRS corresponded with during an examination. Partners had a number of rights to participate throughout the audit on their own behalf, and some were entitled to certain notices throughout the process. The new rules are more restrictive. They designate that a partnership representative (who need not be partner) will be the sole representative the IRS corresponds with and the representative will have the authority to bind the partnership in all matters concerning the examination.

Collection Changes

The old rules mandated that the IRS deal with each of the individual partners in collecting audit adjustments, the partnership itself was not treated as a tax-paying entity. The default scheme under the new rules is to have the partnership pay any additional tax that results from an adjustment. Under this default scheme, the partnership will pay the tax at the highest individual rate, currently 39.6%. The partnership will not “go back” to the year the audit applies to and the individuals (or entities) that were partners at that time, the tax will be assessed as of the current year on the partnership entity. This means that new partners who have come into the partnership in years after the year the audit applies to may suffer financial losses for years that they weren’t even a part of the entity and hence didn’t benefit from a reduced tax bill.

Two Elections to Decrease the Impact of These Changes

There are two elections that can be made by partnerships that can eliminate or lessen 2nd picture for Brian's blogthe impact of these new rules. For short-hand, the elections are called by the section of the Tax Code they are contained in: the Section 6221 election and the Section 6226 election. Finally, absent making either of these elections, there are some provisions that can lessen the bite of the IRS using the highest individual rate when computing the additional tax attributable to the audit adjustment.

The Section 6221 Election

This election allows the partnership to completely opt-out of the new examination and collection rules. The partnership must have 100 or less partners and partners may only be individuals, S corporations, C corporations, or some estates. It is not entirely clear at this point whether single member LLC’s generally treated as disregarded entities will be treated as individuals for this purpose. However, it seems very likely that they will not as proposed regulations have been issued that would not allow such treatment (so any entity with an LLC owner would not be eligible for this election). This election must be made on the timely filed return for the year the audit applies to, it cannot be made after that point.

The Section 6226 Election

This election allows the partnership to opt-out of the new collection rules, the new examination rules will apply. The election is not restricted to smaller partnerships like the Section 6221 election. The election can be made up to 45 days after the final notice of adjustment is made by the IRS after an examination. Rather than collect the additional tax at the partnership level, this election allows the partnership to issue the IRS adjustment applicable to each partner to that partner. That partner then incorporates the adjustment into their current year individual income tax return. Making this election allows partners who were not partners during the audit year not to be penalized and reduces the tax due in terms of those partners not in the highest individual income tax bracket.

If Neither Election is Made

If neither election is made, partnerships may reduce the amount of entity-level tax by having partners (or former partners) file amended returns for the audited year consistent with the adjustment applicable to them. Partnerships may also reduce the entity-level tax by demonstrating to the IRS that there are partners that have certain tax characteristics, such as having a tax-exempt partner. There isn’t much guidance on how these provisions will be carried out at this point; partnerships should first consider their options under the two elections available.

Implications

Entities taxed as partnerships should review their operating agreements and update them accordingly before the implementation of these new rules. For instance, the partnership representative in the event of an examination should be agreed upon and language concerning the use of the Section 6221 and possibly the Section 6226 election should be incorporated into the agreement. Additionally, some entities may want to add language concerning potential tax reserves, partner indemnifications, requirements for former partners to file amended returns in certain circumstances, and/or holdback/claw-back provisions. Make sure that you consult with your tax advisor before implementation of these news rules to better understand their potential impact on you and to have your operating agreement amended where needed.

Written by: Brian Spencer

Akron, Ohio Certified Public Accountants

 

Posted in Accounting, Akron Accounting Firm, Akron Certified Public Accountants, Business, Business Owners, Business Tax Planning, Corporate Taxation, Internal Revenue Service, Operating Agreements, Partnership Tax Rules, Partnership Taxation, Small Business Accounting, Tax Planning, Taxes, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , | 1 Comment

ONCE AGAIN OHIO WILL HAVE A SALES TAX HOLIDAY IN AUGUST 2017

Good News for Ohio Consumers – Once again S.B. 9 has enacted a one-time sales tax holiday to occur in 2017.  The holiday starts on Friday, August 4, 2017 at 12:00 a.m. and ends on Sunday, August 6, 2017 at 11:59 p.m. During the holiday, the following items are exempt from sales and use tax:

  • An item of clothing priced at $75 or less;backtoschoolsalestaxholiday2
  • An item of school supplies priced at $20 or less; and
  • An item of school instructional material priced at $20 or less.

There is no limit on the amount of the total purchase. The qualification is determined item by item. Items used in a trade or business are not exempt under the sales tax holiday.

Impact on Ohio Businesses – FAQ’s

Q: Can a vendor choose not to participate in the sales tax holiday?

A: No. The sales tax holiday is set by law and vendors must comply.

Q: Does the $75 exemption apply to the first $75 of an item of clothing?

A: In other words, if the selling price of an item of clothing is $80, is the first $75 exempt from sales tax?  No. The exemption applies to items selling for $75 or less. If an item of clothing sells for more than $75, tax is due on the entire selling price.

Q: What types of items qualify as school supplies?

A: School Supplies include only the following items: finders; book bags; calculators, cellophane tape, blackboard chalk, compasses, compositions books, crayons, erasers, folders, glue, paste,  highlighters, index cards and boxes, legal pads, lunch boxes, markers, notebooks, paper, colored paper, poster board and construction paper, pencils, pens, pencil boxes and school supply boxes, pencil sharpeners, protractors, rulers, scissors, and writing tablets.

Q: What types of items qualify as school instructional material?

A: “School instructional material” includes only the following items: reference books, reference maps and globes, textbooks, and workbooks.  Items not included in the list are taxable. “School instructional material” does not include any material purchased for use in a trade or business.

Q: What about buy one; get one free or items sold for a reduced price?

A: The total price of items advertised as “buy one, get one free” or buy one for a reduced price” cannot be averaged to qualify both items for exemption.  The exemption depends on the actual price paid for each item.  For example, if a consumer buys one clothing item at $80.00 and receives another item for free, the purchase would be subject to sales tax.

Q: Does the exemption apply to mail, telephone, E-mail, and internet orders?

A: Qualified items sold to consumers by mail, telephone, e-mail, or Internet shall qualify for the sales tax exemption if the consumer orders and pays for the item and the retailer accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period.

Q: How do retailers report exempt sales?

A: If you sold clothing, school supplies, or computers qualifying as exempt items during the sales tax holiday, these exempt items must be reported on Ohio’s Sales and Use Tax Return. All sales for the period, including exempt sales, should be reported on Line 1, under Gross Sales of your sales tax return (form UST-1). Qualifying sales exempt during the holiday should be entered on Line 2 of your UST-1 and subtracted from gross sales along with any other exempt sales for the period.

Visit the Ohio Department of Taxation’s website for a complete listing of both consumer and business related sales tax holiday FAQ’s including the definitions of qualifying clothing, school supplies and school instructional materials.

Akron Ohio CPAs

 

Posted in Akron Accounting Firm, Akron Certified Public Accountants, Akron Ohio Community, Business, Business Owners, Corporate Taxation, Ohio Business Taxation, Ohio Department of Taxation, Sales and Use Tax, State and Local Tax, Tax Compliance, Taxation, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment