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Taxes

Handling Employees in Several States

December 9, 2019 by Pamela Avraham

When you have employees who live in one state and work in another, things can get a bit tricky. Learn the basic rule — you generally pay taxes in the state where your team works, but it can get complicated.

Do you have employees who live in one state and work in another? You may run into this if:

  • Your company is located near a state border.
  • You have employees who travel to job sites in other states.
  • You have employees who work remotely.
  • You are expanding into new states.

Having some basic understanding of what happens will help you make the right decisions about classifying wages and avoiding penalties or amended filings later. Both state unemployment and withholding taxes should generally be paid to the employee’s work state, but there are exceptions; the twist is that state laws are quite literally all over the map. You may want to be familiar with the state legislation that applies to your team. Here are the basics.

Reciprocity agreements

Some states that border each other have entered into agreements related to allowing employees who live in one state but work in another, to have their withholding tax paid to the work state.For example, an employee who lives in Pennsylvania but commutes to southern New Jersey, for a job can have withholding tax paid to Pennsylvania rather than the work state. This is also known as courtesy withholding, and it means the employee can file one tax return each year, which helps simplify things. Have your employee complete a nonresidency certificate to excuse him/her from tax withholding in the work state. Let your payroll provider know that your employee has an agreement in place.

If there’s no reciprocal agreement, your employee will most likely have to pay both nonresident and resident state income tax. But luckily, most states grant a tax credit to avoid being taxed twice.

Each state may have its own twist on taxation, so it’s best to check the local situation and not make any assumptions.

The unemployment tax situation is usually straightforward. When an employee is working in multiple states or working remotely for a company based in another state, you withhold state unemployment tax only in the state in which the employee is working.

When it gets complicated

Today’s remote-work world means situations that were rare or unheard of a generation ago are now commonplace. That means more tax complexity.

For example, consider an employee who works from his log cabin in upstate New York, but your company is located in Maryland — you’ll have to pay all state taxes to New York because that’s where the work is actually being completed.

Or at that same Maryland company, you have an employee who needs to work in Maine temporarily for three months. For nine months, you pay taxes in Maryland, and for three months, you pay taxes in the Pine Tree State.

Most of this information is general. It can get complicated, and there are exceptions and special circumstances. Consult with a tax professional at Urbach & Avraham, CPAs  to review your cross-border workforce, and we’ll help you organize your payroll tax system accordingly.

Filed Under: BUSINESS FORUM, Payroll Taxes, STAFFING AGENCIES, Taxes Tagged With: Multi-state taxation, Payroll Taxes, Staffing Agencies

Conducting Business in Multi-States

December 8, 2019 by Pamela Avraham

Year-end is a good time to review all operations and to ascertain if you are doing business in additional states. No matter where your company is headquartered, there’s a good chance you conduct business across other state borders. How do taxes work in this situation? Learn about multi-state taxes  to ensure that your business is registered with each appropriate secretary of state, and collecting and submitting the proper taxes.

If your business is headquartered in one state, but you sell your products across the border, do you have to pay taxes in the recipients’ state? This answer depends largely on whether you have what is referred to as a “nexus,” meaning an establishment in the recipients’ state. So what is a nexus and what constitutes an establishment?

Any of the following might create a nexus in a given state:

  • A temporary or permanent office
  • A warehouse
  • A storage locker
  • A sales representative based in that state

The rules have a lot of subtleties, however, and each state may have slightly different interpretations of how the rules work, further complicating the issue. Take for example, New Jersey, which does a lot of cross-border business with New York and Pennsylvania. New Jersey says any of the following may create nexus:

  • Selling, leasing, or renting tangible personal property or specified digital products or services
  • Maintaining an office, distribution house, showroom, warehouse, service enterprise (e.g., a restaurant, entertainment center, business center), or other place of business
  • Having employees, independent contractors, agents, or other representatives (including salespersons, consultants, customer representatives, service or repair technicians, instructors, delivery persons, and independent representatives or solicitors acting as agents of the business) working in the state

Of course, regulatory changes and court cases can change this interpretation at any time. Indeed, the New York State Department of Taxation and Finance issues more opinion letters on sales tax issues than on all other state taxes combined. Many states are desperate for additional tax revenues and are very ingenious at identifying out-of-state businesses operating in their jurisdiction.

With 45 states imposing a sales tax, it’s essential you stay in touch with us to ensure that you’re in compliance. Contact one of our tax professionals at Urbach & Avraham, CPAs to review your multi-state tax situation.

Filed Under: BUSINESS FORUM, Income Taxes, Sales Tax, STAFFING AGENCIES, Taxes Tagged With: Income Tax Planning, Multi-state taxation, NJ Income Taxes, Staffing Agencies

Compensation- or Dividend in Disguise?

December 5, 2019 by Pamela Avraham

When your corporation has a profitable year, do you take more salary or pay yourself a year-end bonus? Since you are pivotal to your company’s success, paying yourself more in the good years only makes sense. Increasing or decreasing your compensation from year to year based on company performance can also help manage your company’s cash flow — and the amount of income taxes it has to pay.

Tax Impact

A corporation may deduct compensation as a business expense if it is reasonable in amount. Distributing profits as salaries and bonuses can help minimize taxable corporate income, although you and other recipients will be taxed individually on the compensation you receive.

You may decide that paying additional compensation is preferable to paying out profits as dividends. Unlike compensation, dividends are not deductible. Result: C-Corporate profits are taxed twice — once at the corporate level and again to the shareholders who receive the dividends.

A Word of Caution

If the amount of compensation paid to you and other shareholder-employees is deemed to be unreasonable, the IRS could challenge your company’s deduction for the expense, reclassifying the “excessive” amounts as nondeductible dividends. This applies to C-Corporations.

To potentially reduce the chances of problems with the IRS, consider these strategies:

  • Divide the profits and pay out a portion as bonuses. Leave enough money in the company to generate a small amount of taxable income.
  • When setting bonuses, avoid using ownership percentages to determine the amounts shareholders will receive, since that method suggests the payment of dividends.
  • Adopt and follow a formal compensation plan for executives that includes bonus payments based on meeting specified financial goals.
  • Earmark a portion of company profits for dividends. Individual shareholders will generally pay federal income tax on qualified dividends at a maximum rate of 20%, which is significantly lower than the maximum rate on compensation and other ordinary income.

What is reasonable compensation? The following factors must be considered :

  • The profession
  • Your specialty within the profession
  • Years of experience
  • Geographic area of business
  • Job responsibilities

Your tax situation, profession and circumstances are unique. Jeff Urbach, CPA and partner at Urbach & Avraham, CPAs is an expert is determining reasonable compensation. Jeff is also a CVA (Certified Valuation Analyst) and an ABV (Accredited in Business Valuations). Contact us for a consultation regarding your situation.

Filed Under: BUSINESS FORUM, MEDICAL PRACTICES, Taxes, Taxes Tagged With: Income Tax Planning, Reasonable Compensation

Retirement Savings Credit- Who Can Benefit?

December 3, 2019 by Pamela Avraham

It’s not always easy to keep contributing to your employer-provided retirement plan. Bills and unexpected expenses can eat up most of your salary, leaving little for retirement savings. You might be tempted to forget about it until you start earning more money.
But before you stop or cut back (or never start) contributing to your plan, understand that you could be entitled to a federal tax credit called the Retirement Savings Contributions Credit, or Saver’s Credit, if you meet certain income requirements. In effect, the credit repays a percentage of the contributions you make to your 401(k) or other retirement savings plan by reducing your income tax liability for the year. It may be just the thing that enables you to keep participating in your retirement plan or increase your contributions.
What It Is?
The credit is a percentage — 50%, 20%, or 10% — of up to $2,000 in qualified retirement savings contributions for a maximum credit of $1,000 (or twice that amount for a married couple filing jointly who each contribute $2,000). The percentage depends on adjusted gross income (AGI) and filing status. The credit is available for contributions to a 401(k), 403(b), governmental 457(b), SIMPLE IRA, or salary reduction SEP as well as for traditional and Roth IRA contributions.

Who Qualifies? To claim the credit, you must be at least age 18, not claimed as a dependent on another person’s return, and not a full-time student. You will not be able to claim the credit if your AGI exceeds the top of the range for the 10% credit.

                                                                                        2019 Tax Credit
Percentage of Contribution:   50%                     20%                        10%                       0% 
 Tax Filing Status                                          Adjusted Gross Income
Married Filing Jointly    $38,500 or less     $38,501-$41,500      $41,501-$64,000      > $64K
Head of Household         $28,875 or less     $28,876-$31,125       $31,126-$48,000      > $48K
All other filers*                 $19,250 or less     $19,251-$20,750       $20,751-$32,000      > $32K
*Single, married filing separately, or qualifying widow(er)

This is an excellent saving tool for those who just entered the workforce or those with a lower than usual income year. Everyone’s tax situation is different. Contact one of our tax professionals at Urbach & Avraham, CPAs to discuss your circumstances.

 

 

 

Filed Under: BUSINESS FORUM, TAX TIPS FOR INDIVIDUALS, Taxes Tagged With: Income Tax Planning, Individual income taxes, Retirement Savings-Tax Benefits

Year End Tax Planning

December 2, 2019 by Pamela Avraham

Tax planning in the weeks before year-end allows you to take advantage of strategies that might reduce your income tax obligation.

Tax Savings

Capitalize on Winners
Your investments are a good starting point for implementing tax-saving strategies. You can benefit from favorable tax rates on long-term capital gains by selling and taking profits on appreciated securities you’ve held longer than one year. Long-term gains are currently taxed at a maximum rate of 15% for most taxpayers and 20% for taxpayers with taxable income of over $434,550 ($488,850 for joint filers) in 2019.
Cut Your Tax Bite With Losers
Investments that have lost value and have consistently underperformed a benchmark over time may be perfect sell candidates, particularly if you’re not confident of a turnaround. By selling your losers, you can use your losses to offset gains on appreciated securities you’ve sold. Capital losses are fully deductible to offset capital gains and up to $3,000 of ordinary income each year ($1,500 if married filing separately). Any losses that you can’t deduct for 2019 can be carried over for deduction in future years, subject to the same limits.
Don’t make taxes your only reason for selling an investment. Many different factors should be considered when selling securities, including how the sale of a specific investment would affect your overall portfolio.
Curb Surtax Exposure
The 3.8% surtax on net investment income (NIIT) is a relatively new wrinkle for higher income taxpayers. The surtax comes into play when an individual filer’s modified adjusted gross income (AGI) is more than $200,000 ($250,000 on a joint return or $125,000 if married filing separately). The NIIT applies to the lesser of net investment income or the amount by which modified AGI exceeds the threshold. For purposes of the surtax, net investment income includes taxable interest, dividends, annuities, royalties, rents, net capital gain, and income from passive trade or business activities. The surtax doesn’t apply to municipal bond interest or distributions from tax-deferred retirement plans.
Several planning moves are available that may help reduce your exposure to the surtax. These include:
• Maximizing contributions to your employer’s qualified retirement plan. For 2019, you can contribute up to $19,000, plus an additional catch-up amount of $6,000 if you’re age 50 or older and your plan allows. Pretax contributions to a tax-qualified plan reduce your taxable income.
• Contributing to a traditional individual retirement account (IRA). Contributions are tax deductible if neither you nor your spouse actively participates in an employer-sponsored retirement plan. For 2019, the contribution limit is $6,000 ($7,000 with catch-up contribution- for individuals over age 50).
• Investing in tax-free municipal bonds. Be cautious, however, about investing in private activity municipal bonds, which can increase your exposure to the alternative minimum tax (AMT).
• Deferring capital gains through the use of installment sales. The installment method lets you defer taxes on the sale of certain property by recognizing profit over more than one tax year.

As everyone’s situation is different, please contact one of our tax professionals at Urbach & Avraham, CPAs, to discuss your personal circumstances

Filed Under: BUSINESS FORUM, TAX TIPS FOR INDIVIDUALS, Taxes Tagged With: Income Tax Planning, Tax tips

Deductions for Long-Term Care Insurance

December 1, 2019 by Pamela Avraham

Many people are taking a closer look at buying long-term care insurance to protect themselves and their families — just in case. Within limits, premiums paid for qualified policies are deductible as an itemized medical expense. For 2019, premiums for qualified policies are tax deductible to the extent that they, along with other unreimbursed medical expenses, exceed 10% of your adjusted gross income.
The typical long-term care insurance policy will pay for nursing home, home care, or other long-term care arrangements after a waiting period has expired, reimbursing expenses up to a maximum limit specified in the policy. Eligibility for reimbursement usually hinges on the covered individual’s inability to perform several activities of daily living, such as bathing and dressing.
Premiums are eligible for a deduction only up to a specific dollar amount (adjusted for inflation) that varies depending upon the age of the covered individual. The IRS limits for 2019 are:

Long-Term Care Insurance Premium Deduction Limits, 2019
             Age                                                             Premium Limit
40 or under                                                                 $420
41-50                                                                            $790
51-60                                                                           $1,580
61-70                                                                           $4,220
Over 70                                                                      $5,270

These limits apply on a per-person basis. For example, a married couple over age 70 filing a joint tax return could potentially deduct up to $10,540 ($5,270 × 2). Keep in mind, however,  itemized medical expenses are deductible only to the extent that they, in total, exceed 10% of adjusted gross income (AGI).

Self- Employed? You may deduct the premiums for long-term care insurance above-the-line. Therefore, if your medical expenses don’t exceed the 10% AGI threshold or you can’t itemize deductions, you can still deduct the long-term care insurance premiums above-the-line. The deduction is limited to your net self-employment income.
NJ Filer? Premiums paid for long-term care insurance are deductible as medical expenses. In contrast to the IRS threshold of 10%, the threshold to deduct medical expenses for NJ is only 2%. Premiums are first subject to the same IRS tables as shown above. The premiums for self-employed individuals are not subject to the 2% NJ threshold.
NY Filer? You may claim a credit equal to 20% of the premiums paid for the purchase of coverage under a qualifying long-term care insurance policy.

As everyone’s situation is different, please contact one of our tax professionals, at Urbach & Avraham, CPAs, to discuss your personal circumstances.

Filed Under: BUSINESS FORUM, TAX TIPS FOR INDIVIDUALS, Taxes Tagged With: Long Term Care Insurance, medical expense deduction

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