On June 20, 2024, the Internal Revenue Service (IRS) declared it would reject many high-risk Employee Retention Credit (ERC) claims. However, it would proceed with processing lower-risk claims to assist eligible taxpayers. This action results from a thorough examination to protect taxpayers and small businesses.
IRS Commissioner Danny Werfel highlighted that the review provided significant insights into risky ERC activities, confirming concerns about numerous improper claims.
“We will now use this information to deny billions of dollars in clearly improper claims and begin additional work to issue payments to help taxpayers without any red flags on their claims,” said Werfel.
Complex Review Process
Since September, the IRS has been digitizing and analyzing over 1 million ERC claims, amounting to over $86 billion. Based on the review, 10–20% of these claims are in the highest-risk group and clearly show mistakes. These will be denied in the coming weeks.
Additionally, 60-70% of claims show an unacceptable level of risk and will undergo further analysis.
Support for Small Businesses
The IRS will start handling 10 to 20 percent of low-risk ERC claims because it is worried about small businesses waiting for legitimate claims. Initial payments for these claims are expected later this summer, but due to increased scrutiny, they will be issued at a slower pace.
Continued Scrutiny and Review
The IRS has emphasized that taxpayers with claims for the Employee Retention Credit (ERC) should refrain from taking any action and wait for further notification.
Processing speeds will not be equivalent to the levels observed during the previous summer, and taxpayers are advised against contacting the IRS toll-free lines to obtain updates on these claims.
Compliance Efforts and Legislative Consultation
Werfel expressed concerns about taxpayers misled by promoters into filing improper ERC claims. He advised individuals with pending claims to carefully examine the IRS guidelines and seek guidance from authorized tax experts. The IRS also warned about promoters exploiting today’s announcement to attract clients.
Since September 2023, the IRS has investigated 28,000 claims worth $2.2 billion and turned down over 14,000 claims worth more than $1 billion. Because of the findings and the high number of wrong claims, the IRS will not process any new ERC claims sent after September 14, 2023.
During this period, the IRS will consult with Congress and consider potential legislative actions, including closing new claims and extending the statute of limitations to pursue improper claims.
Special IRS Withdrawal Program
The IRS encourages businesses with unprocessed claims to consider the ERC Withdrawal Program to avoid future compliance issues. This program allows businesses to withdraw improper claims and return received checks without penalty.
Compliance Work Tops $2 Billion
The IRS has spent more than $2 billion on compliance efforts related to wrong ERC claims, almost twice as much as in March.
The IRS is considering reopening the ERC Voluntary Disclosure Program with lower fees to help taxpayers whose claims have already been processed avoid having to deal with compliance issues again.
Ongoing Enforcement Actions
The IRS reminded those with pending claims of other ongoing compliance actions, including criminal investigations, audits, and promoter investigations. As of May 31, 2024, the IRS Criminal Investigation has started 450 criminal cases related to approximately $7 billion in potentially fraudulent claims.
Guidance for Taxpayers
The IRS and tax professionals stress that ERC eligibility depends on specific circumstances and advise businesses to consult trusted tax professionals rather than promoters.
The IRS provides numerous resources to help companies to understand and verify ERC eligibility.
Conclusion
The IRS’s actions reflect its commitment to protecting taxpayers and ensuring the integrity of the ERC program. By denying high-risk claims and carefully processing low-risk ones, the IRS aims to support eligible businesses while preventing improper payouts.
In Texas, the franchise tax is a privilege tax imposed on each taxable entity formed or organized in Texas or doing business in Texas.
Filing the Texas Franchise Report is crucial for several reasons:
1. Compliance:Companies in Texas are legally required to do this. Failure to file can result in penalties, interest, and even the forfeiture of the right to conduct business in the state.
2. Good Standing:Filing on time helps the entity stay in good standing with the Texas Comptroller’s Office, which is needed for many business transactions and contracts.
3. Avoiding Penalties: If you file your taxes late, you may have to pay penalties and interest, raising your business’s tax bill.
Thresholds for Filing
For the Texas Franchise Tax, certain thresholds determine whether an entity is required to file:Â
1. No Tax Due Threshold: For reports due in 2023, entities whose total revenue falls below a certain amount ($2,470,000) may file a “Public Information Report.
2. Entities with total revenue below $20,000,000 can use the E-Z Computation report for 2023. This report offers a reduced tax rate of 0.331%. (Please note that the threshold for E-Z Computation may change, and verifying the current threshold with the Texas Comptroller’s office is essential.)
Choosing Between EZ Computation and Long Form
Entities with a total revenue higher than the “No Tax Due Threshold” but lower than the E-Z Computation threshold should assess which option, the E-Z Computation or the long-form franchise tax return, would be more advantageous.
The E-Z Computation method is more straightforward and may result in a lower tax rate, but it may only sometimes be the most tax-efficient option. Various factors, including deductions, credits, and margin calculations, can impact the total tax liability.
Businesses are recommended to conduct a comparative analysis or seek advice from a tax professional to ascertain the most advantageous method of filing.
Deadlines for Filing
The annual Texas Franchise Tax Report is due on May 15th each year. If May 15th falls on a weekend or holiday, the due date is the next business day.
How to File an Extension
To file an extension for the Texas Franchise Tax Report:
1. Automatic Extension: Most entities can obtain an automatic extension if they pay at least 90% of the tax owed or the minimum $1,000 franchise tax by May 15th.
2. Extension Request: An extension request form must not be submitted to the Comptroller’s office; the extension is granted upon receipt of the payment.
3. Duration of Extension: The automatic extension for non-E-Z computation filers is until November 15th. For E-Z Computation filers, the extension is until August 15th.
 4. Online Filing: Entities can pay the franchise tax and file their reports online through the Texas Comptroller’s Webfile system.
5. Payment Options:Payment can be made via electronic funds transfer, credit card, or check/money order.
Please note that obtaining an extension to file the report does not grant additional time to make the tax payment. Interest accrues from the original due date on any unpaid tax.
Conclusion
Filing the Texas Franchise Report is a critical annual task for businesses operating in Texas. Knowing the new filing requirements, thresholds, and deadlines for 2023 can help you ensure you are following the rules and avoid unnecessary penalties.
Entities should seek guidance from a tax expert to navigate the intricacies of the Texas Franchise Tax, assess the most suitable method for filing, and guarantee precise and punctual submission.
For entrepreneurs looking to establish a business with the potential for growth and scalability, forming a C-corporation can be advantageous. A C-corporation is a legal entity for a corporation where the shareholders are subject to separate taxation from the entity itself.
This structure provides the benefit of limited liability protection, as well as the ability to attract investors through the issuance of stock. In this article, we will provide a step-by-step guide on how to start a C-Corporation, including legal requirements, registration processes, and initial tax considerations.
Step 1: Choose a Business Name
Your corporation’s name is its identity. Make sure the name is unique and not already in use or owned by another company. Most states require the name to end with a corporate designator, such as “Incorporated,” “Corporation,” or an abbreviation like “Inc.” or “Corp.”
Step 2: Appoint Directors
Before registering your corporation, you must appoint a board of directors. The directors are in charge of running the company and making big decisions about policy and money. Even if you are a single owner, you can appoint yourself as the sole director.
Step 3: File Articles of Incorporation
In order for your C-corporation to be legal, you need to file Articles of Incorporation with the Secretary of State in the state where you want to set up your C-corporation.
This document includes basic information about your corporation, such as the corporate name, address, purpose, and information about shares and initial directors.
Step 4: Create Corporate Bylaws
Although not filed with the state, corporate bylaws are a critical internal document that outlines the operating rules for your corporation.
The bylaws should explain how to hold meetings, choose officers and directors, and handle other issues related to running the business.
Step 5: Obtain an EIN and Open a Bank Account
For tax purposes, every C-Corporation must obtain an Employer Identification Number (EIN) from the IRS. Once you have an EIN, you can open a corporate bank account, which is essential for keeping your personal and business finances separate.
Step 6: Issue Stock
C-Corporations raise capital through the issuance of stock. You must issue stock certificates to your initial shareholders and record their ownership stakes. When issuing and selling stock, you must comply with federal and state securities laws.
Step 7: Obtain Business Licenses and Permits
Depending on your business type and location, you may need to obtain various licenses and permits to operate legally. Check with your local and state governments to determine the requirements.
Step 8: Register for State Taxes
If your state has a corporate income tax, you must register your C-Corporation with your state’s tax agency. You must also sign up for unemployment insurance tax and workers’ compensation insurance if you have employees.
Step 9: Comply with Ongoing Legal Requirements
Legal requirements for C-corporations include holding annual meetings, keeping meeting minutes, and filing annual reports. Following these rules helps your business maintain good standing with the state.
Step 10: Understand Federal Tax Obligations
C-Corporations are subject to federal income tax at the corporate level. Additionally, any dividends paid to shareholders are taxed at the individual level. It’s important to understand these tax obligations and plan accordingly.
Conclusion
Starting a C-Corporation involves careful planning and adherence to legal procedures. Following these steps, entrepreneurs can establish their C-Corporation correctly and lay the foundation for a successful business venture.
It is recommended to seek advice from legal and tax experts during the entire process to guarantee adherence to all regulations and to make well-informed choices regarding the structure and operations of your new corporation.
Your C-Corporation can be well-positioned for growth and profitability with the proper preparation and guidance.
As businesses strive to optimize their operations and financial strategies, one area often overlooked is the potential for tax deductions related to dining and food expenses. The Internal Revenue Service (IRS) has clear rules about what businesses can and cannot deduct.
Companies need to know how to follow these rules to get the most out of them and save money. This article will explore the intricacies of tax deductions for business-related dining and food expenses, helping you categorize them correctly and ensure compliance with IRS regulations.
Understanding the Basics of Deductible Dining and Food Expenses
The IRS allows businesses to deduct ordinary and necessary expenses incurred during the taxable year as part of their trade or business. Meals are often deductible, depending on the situation in which the food and drinks are served.
Generally, you can deduct 50% of the cost of business meals if the expense is not lavish and you or an employee are present. The meal must also be directly related to or associated with the active conduct of your business.
Fully Deductible Meals: When Can You Claim 100%?
There are specific scenarios where businesses can enjoy a full 100% meal deduction. These situations include:
Expenses for recreational, social, or similar activities primarily for the benefit of employees, such as company picnics or holiday parties.
Meals are provided on the employer’s premises for more than half of the employees for the employer’s convenience.
Expenses directly related to business meetings of employees, stockholders, agents, or directors.
Meals provided to the public for promotional campaigns.
It’s essential to maintain detailed records and receipts to substantiate these expenses in the event of an IRS audit.
50% Deductible Meals: Navigating the Common Deduction
Most other business meal can be deducted at 50% of the cost of the meal. This includes meals during business travel, client meetings, and meals provided to employees for the employer’s convenience that do not meet the criteria for 100% deductibility.
To make sure they are appropriately categorized, companies should:
Keep detailed records of the expense, including the meal’s amount, date, place, and business purpose.
Record the names and business relationships of the individuals present.
Retain receipts that provide a detailed breakdown of the cost.
Best Practices for Maximizing Deductions and Maintaining Compliance
To maximize tax deductions while adhering to IRS guidelines, businesses should:
Set up an accountable plan following IRS rules to ensure that meal allowances or reimbursements given to employees are not considered taxable income.
Educate employees on the company’s policy regarding deductible meal expenses and the importance of record-keeping.
Utilize corporate credit cards for business meals to optimize record-keeping and guarantee precise tracking and categorization of expenses.
Review IRS updates regularly, as tax laws and regulations can change, impacting the deductibility of meal expenses.
Conclusion
Businesses can maximize their tax savings on dining and food expenses by distinguishing between fully deductible and 50% deductible meals and keeping detailed records.
Enjoying a meal is not the only thing that matters; strategically categorizing and documenting these costs will help your business’s bottom line. Always talk to a tax expert to ensure that your business follows all current IRS rules and regulations.
Navigating the complexities of tax season can be daunting for self-employed individuals. Whether you are a sole proprietor or the owner of a single-member LLC, you need to know your tax obligations if you want to stay in compliance and get the most out of your deductions.
This guide provides essential information for self-employed business owners preparing to file their business tax returns.
Tax Obligations for Sole Proprietors and Single-Member LLCs
You are a “disregarded entity” for tax purposes if you are a sole proprietor or a single-member LLC owner. You report your business income on your tax return using Schedule C (Form 1040). This form is used to report your business’s income and expenses.
Critical Considerations for Filing Your Business Taxes:
Self-Employment Tax: Besides income tax, self-employed individuals must pay self-employment tax, which covers Social Security and Medicare contributions. The self-employment tax rate is 15.3%, which includes 12.4% for Social Security and 2.9% for Medicare.
Estimated Tax Payments: Since taxes aren’t withheld from your earnings as a self-employed individual, you may need to make estimated tax payments quarterly to avoid penalties. Use Form 1040-ES to calculate and pay these taxes.
Deductible Business Expenses: Self-employed individuals can deduct ordinary and necessary business expenses. These can include home office expenses, supplies, equipment, travel, and vehicle use for business purposes.
Home Office Deduction: If you use part of your home exclusively for business, you may be eligible for the home office deduction. You can calculate this deduction using the simplified option (a standard deduction based on the square footage of your office space) or the regular method (based on actual expenses).
Health Insurance Deduction: If you pay for your health insurance, you can deduct premiums for yourself, your spouse, and dependents.
Retirement Plan Contributions: Contributions to a self-employed retirement plan, such as a SEP IRA or a Solo 401(k), can be deductible, reducing your taxable income.
Recordkeeping: Maintain meticulous records of all income and expenses, receipts, and documentation for deductions. Good recordkeeping simplifies the tax filing process and supports your deductions if audited.
Filing Deadlines and Extensions:
The tax filing deadline for self-employed individuals is typically April 15. For those needing more time to prepare their tax returns, Form 4868 lets you request an extra month, which gives you until October 15.
However, this extension does not give you more time to pay taxes that you still owe. You should still calculate your taxes and pay them by the original due date to avoid penalties.
Utilizing Tax Professional:
You could hire a tax expert who knows about self-employment tax issues to ensure your return is correct and you get all the tax deductions you are entitled to.
In addition, the professional can determine if you are eligible to be converted to an S-Corporation which could reduce the amount of self-employment tax you would pay.
Conclusion
Filing business tax returns as a self-employed individual involves unique considerations. Understanding your tax obligations, keeping your records in order, and using all your allowable deductions are essential to correctly filing your taxes.
Whether you talk to a tax expert, being proactive and well-informed will help you feel confident during tax season. Remember to ask a tax professional whether converting to an S-Corporation would benefit your business and you.
When starting a business with one or more partners, choosing the right partnership structure is crucial for the success and smooth operation of the enterprise. Two common types of partnerships are General Partnerships (GPs) and Limited Partnerships (LPs).
Every single one has its own features, pros, and possible cons. This comprehensive guide will explore the differences between GPs and LPs to help business owners make informed decisions that align with their goals and risk tolerance.
Understanding General Partnerships (GPs)
A general partnership (GP) is a business arrangement in which two or more individuals agree to share all of a business’s assets, profits, and financial and legal liabilities.
Each partner in a GP is involved in running the business day to day and can make decisions for the partnership.
Advantages of General Partnerships:
1. Ease of Formation:GPs are more accessible to set up than corporations or limited partnerships. They require less paperwork and have lower start-up costs.
2. Shared Responsibility: Partners share the business’s workload, which can lighten the burden on individual partners.
3. Pass-Through Taxation: GPs enjoy pass-through taxation, meaning the business is not taxed. Instead, profits and losses are passed through to the partners’ tax returns.
Potential Pitfalls of General Partnerships:
1. Unlimited Liability:Each partner is personally liable for the debts and obligations of the business, which can put personal assets at risk.
2. Shared Liability: Partners are jointly and severally liable for the actions of other partners in business.
3. Disputes and Continuity: Without a well-drafted partnership agreement, conflicts can arise, and the partnership may dissolve if a partner exits for any reason.
Understanding Limited Partnerships (LPs)
A limited partnership structure is more formal, and it has at least one general partner and possibly more than one limited partner. The general partner manages the business and is personally liable for debts.
At the same time, limited Partners contribute capital and share in profits but typically do not participate in day-to-day management.
Advantages of Limited Partnerships:
1. Limited Liability for Limited Partners:Limited partners are only responsible for the amount of money they contribute to the partnership. This protects their personal assets from the business’s debts.
2. Investment Attraction:Limited partnerships (LPs) can bring in investors who only care about making money and not running the business.
3. Pass-Through Taxation: Like GPs, LPs benefit from pass-through taxation by avoiding the double taxation that C-Corporations must pay.
Potential Pitfalls of Limited Partnerships:
1. Complexity and Cost: Forming an LP can be more complex and costly than establishing a GP, with more regulatory requirements.
2. General Partner Liability: An LP’s general partner(s) still face unlimited liability, which can be a significant risk.
3. Less Control for Limited Partners: Limited partners have minimal control over business decisions, which may not suit those who wish to be actively involved.
Making the Right Choice for Your Business
When deciding between a General Partnership and a Limited Partnership, consider the following factors:
1. Level of Control: A GP might be more appropriate if all partners wish to be actively involved in management. If some prefer to invest, an LP could be a better fit.
2. Liability Comfort: Consider how much personal liability you and your partners will assume. If protecting personal assets is a priority, an LP may offer a safer option for some partners.
3. Investment Needs: If you need to raise capital without giving up control, an LP allows you to bring on investors as limited partners.
4. Tax Considerations: GPs and LPs offer pass-through taxation, but it’s essential to consult with a tax advisor to understand your situation’s implications.
Conclusion
Selecting the appropriate partnership structure is a crucial decision that should be made with time. General partnerships are easy to set up and manage. Still, they also come with the risk of being legally responsible for anything that goes wrong.
Limited partnerships provide limited liability for some partners at the cost of complexity and control considerations.
By understanding each partnership type’s differences, advantages, and potential pitfalls, business owners can select the structure that best suits their needs and objectives. Suppose you want to protect all of your partners’ interests, and the business is set up for success.
In that case, you should get legal and financial advice before signing any partnership agreement.
