Should You File Form SS-8 To Ask The IRS To Determine A Worker’s Status?

April 5 2018

Classifying workers as independent contractors — rather than employees — can save businesses money and provide other benefits. But the IRS is on the lookout for businesses that do this improperly to avoid taxes and employee benefit obligations.

To find out how the IRS will classify a particular worker, businesses can file optional IRS Form SS-8, “Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.” However, the IRS has a history of reflexively classifying workers as employees, and filing this form may alert the IRS that your business has classification issues — and even inadvertently trigger an employment tax audit.

Contractor vs. employee status

A business enjoys several advantages when it classifies a worker as an independent contractor rather than as an employee. For example, it isn’t required to pay payroll taxes, withhold taxes, pay benefits or comply with most wage and hour laws.

On the downside, if the IRS determines that you’ve improperly classified employees as independent contractors, you can be subject to significant back taxes, interest and penalties. That’s why filing IRS Form SS-8 for an up-front determination may sound appealing.

But because of the risks involved, instead of filing the form, it can be better to simply properly treat independent contractors so they meet the tax code rules. Among other things, this generally includes not controlling how the worker performs his or her duties, ensuring you’re not the worker’s only client, providing Form 1099 and, overall, not treating the worker like an employee.

Be prepared for workers filing the form

Workers seeking determination of their status can also file Form SS-8. Disgruntled independent contractors may do so because they feel entitled to health, retirement and other employee benefits and want to eliminate self-employment tax liabilities.

After a worker files Form SS-8, the IRS sends a letter to the business. It identifies the worker and includes a blank Form SS-8. The business is asked to complete and return it to the IRS, which will render a classification decision. But the Form SS-8 determination process doesn’t constitute an official IRS audit.

Passing IRS muster

If your business properly classifies workers as independent contractors, don’t panic if a worker files a Form SS-8. Contact us at (818) 789 1179 before replying to the IRS. With a proper response, you may be able to continue to classify the worker as a contractor. We also can assist you in setting up independent contractor relationships that can pass muster with the IRS.

© 2018

 

Can You Claim Your Elderly Parent As A Dependent On Your Tax Return?

April 4 2018

Perhaps. It depends on several factors, such as your parent’s income and how much financial support you provided. If you qualify for the adult-dependent exemption on your 2017 income tax return, you can deduct up to $4,050 per qualifying adult dependent. However, for 2018, under the Tax Cuts and Jobs Act, the dependency exemption is eliminated.

Income and support

For you to qualify for the adult-dependent exemption, in most cases your parent must have less gross income for the tax year than the exemption amount. (Exceptions may apply if your parent is permanently and totally disabled.) Generally Social Security is excluded, but payments from dividends, interest and retirement plans are included.

In addition, you must have contributed more than 50% of your parent’s financial support. If you shared caregiving duties with a sibling and your combined support exceeded 50%, the exemption can be claimed even though no one individually provided more than 50%. However, only one of you can claim the exemption.

Keep in mind that, even though Social Security payments can usually be excluded from the adult dependent’s income, they can still affect your ability to qualify. Why? If your parent is using Social Security money to pay for medicine or other expenses, you may find that you aren’t meeting the 50% test.

Housing

Don’t forget about your home. If your parent lived with you, the amount of support you claim under the 50% test can include the fair market rental value of part of your residence.
If the parent lived elsewhere — in his or her own residence or in an assisted-living facility or nursing home — any amount of financial support you contributed to that housing expense counts toward the 50% test.

Other savings opportunities

Sometimes caregivers fall just short of qualifying for the exemption. Should this happen, you may still be able to claim an itemized deduction for the medical expenses that you pay for the parent. To receive a tax benefit on your 2017 (or 2018) return, you must itemize deductions and the combined medical expenses paid for you, your dependents and your parent for the year must exceed 7.5% of your adjusted gross income.

The adult-dependent exemption is just one tax break that you may be able to employ to ease the financial burden of caring for an elderly parent. For 2018 through 2025, while the exemption is suspended, you might be eligible for a $500 “family” tax credit for your adult dependent. We’d be happy to provide additional information. Contact us at (818) 789 1179 to learn more.

© 2018

 

Could Your Next Business Loan Get “Ratio’d”?

April 3 2018

We live and work in an era of big data. Banks are active participants, keeping a keen eye on metrics that help them accurately estimate risk of default.

As you look for a loan, try to find out how each bank will evaluate your default probability. Many do so using spreadsheets that track multiple financial ratios. When one of these key ratios goes askew, a red flag goes up on their end — and the loan may be denied.

Common metrics

To avoid getting “ratio’d” in this manner, business owners should familiarize themselves with some of the more common metrics that banks use to gauge creditworthiness.

For example, banks will compare cash and receivables to current liabilities. If this ratio starts slipping, you’ll likely need to push accounts receivable so money comes in more quickly or better manage inventory to keep cash flow moving. Other examples of financial benchmarks include:

• Gross margin [(revenue – cost of sales) / revenue],
• Current ratio (current assets / current liabilities),
• Total asset turnover ratio (annual revenue / total assets), and
• Interest coverage ratio (earnings before interest and taxes / interest expense).

Some banks may also calculate company- or industry-specific performance metrics. For instance, a warehouse might report daily shipments or inventory turnover, not just total asset turnover. Meanwhile, a retailer might provide sales graphs that highlight product mixes, sales rep performance, daily units sold and variances over the same week’s sales from the previous year.

Other methods

Bear in mind that not every bank uses ratios to evaluate performance, or they may combine ratio analysis with other benchmarking tools. Some use community-based scoring, by which a selected group of finance professionals rate and review companies based on their payment histories. Others use proprietary commercial-scoring models that use creditor reports to develop credit scores for businesses.

Preventing disappointment

When a strategic initiative fails to launch because your business can’t obtain financing, it can be crushing. To prevent such disappointment, have your financials in order and target as many common ratios as possible. Please contact our firm at (818) 789 1179 for help evaluating your performance and determining where you may need to improve to obtain a loan.

© 2018

 

Kevin D. Holmes Assumes Role As Audit And Assurance Practice Leader At Martini Iosue & Akpovi, LLP

April 2 2018

After opening the firm’s office in Valencia at the end of 2017, Kevin Holmes, Audit, Assurance and Consulting Partner, continues his success within the firm as the new Audit and Assurance Practice Leader.

Kevin has a broad range of experience and has spent more than 23 years serving private and public companies in the technology, manufacturing, distribution, real estate, private equity and service industries. He has worked with established and growing companies throughout Southern California and his core expertise is in serving middle market businesses and their owners.

Kevin began his career at Arthur Andersen in 1994 and since 2005 has been a partner at local and national firms. He has developed expertise in financial accounting, corporate acquisitions and divestitures, private equity and debt financing transactions and internal control optimization. Kevin has a proven record of providing outstanding results to his clients.

Kevin is an award-winning professional. In 2017 he was recognized in a select group for The San Fernando Valley Business Journal’s Trusted Advisor Award. He has also been certified by the Committee of Sponsoring Organizations (COSO) for expertise in Internal Control.

Kevin is extremely active in his local community. He currently serves on the Board of Directors of the College of the Canyons Foundation as the Audit Committee Chair. The institution is the fastest growing community college in California and serves 31,000 students each year at its Valencia and Canyon Country sites as well as through its online facilities. Kevin is also the Chief Financial Officer and is on the Board of Directors of the Santa Clarita Valley Chamber of Commerce.

You can contact Kevin by phone at 661-678-0797 (Valencia Office), 818-290-5858 (Encino Office) and by email at kholmes@miacpas.com

 

Learn The Warning Signs Of Earnings “Spin”

April 2 2018

Management wants to paint the rosiest possible picture of a company’s financial performance. But aggressive earnings management, or “spin,” can mislead investors and lenders. Here are some ways U.S. Generally Accepted Accounting Principles (GAAP) can be manipulated to obscure the truth.

Creative accounting vs. cooking the books

Earnings management usually starts out small, but it can become increasingly aggressive and eventually cross the line into fraud if it goes unchecked. An external audit may help detect the red flags of earnings management, including:

Premature revenue recognition. Some companies recognize revenue early to make the income statement temporarily appear more attractive. This ploy is common when a company is applying for bank financing or up for sale.

Miscellaneous “cookie jar” reserves. Management can create a hidden reserve of funds during good times. Then the reserves can be tapped into to nourish earnings in lean times.

“Big bath” restructuring changes. Some companies overstate the costs associated with restructuring. This enables them to clean up their balance sheets and create reserves for a rainy day.

Immediate acquisition write-offs. Acquired companies may classify a portion of the purchase price as “in process research and development,” which they immediately write off. This reduces the amortization of the purchase price to future earnings.

Overreliance on EBITDA. Earnings before interest, taxes, depreciation and amortization (EBITDA) and other non-GAAP metrics have become popular ways to evaluate a company’s performance. But they aren’t usually audited, and they may be calculated differently from company to company.

EBITDA is generally intended to resemble cash flow. But this metric can obscure problems for start-up companies with major debt. Although their EBITDAs give these start-ups appeal, their debt service may mean they won’t be profitable for many years.

Too good to be true?

Pay attention when reviewing financial statements and corporate press releases — the opportunity and pressure to spin earnings is everywhere. Contact us at (818) 789 1179 for more information on how to identify when a business may have engaged in “creative” accounting practices to improve their financial picture.

© 2018

 

Did Your New Car Miss The Boat?

March 30 2018

For more information contact us at (818) 789 1179

 

 

2018 Q2 Tax Calendar: Key Deadlines For Businesses And Other Employers

March 29 2018

Here are some of the key tax-related deadlines affecting businesses and other employers during the second quarter of 2018. Keep in mind that this list isn’t all-inclusive, so there may be additional deadlines that apply to you. Contact us to ensure you’re meeting all applicable deadlines and to learn more about the filing requirements.

April 2

  • Electronically file 2017 Form 1096, Form 1098, Form 1099 (except if an earlier deadline applies) and Form W-2G.

April 17

  • If a calendar-year C corporation, file a 2017 income tax return (Form 1120) or file for an automatic six-month extension (Form 7004), and pay any tax due. If the return isn’t extended, this is also the last day to make 2017 contributions to pension and profit-sharing plans.
  • If a calendar-year C corporation, pay the first installment of 2018 estimated income taxes.

April 30

  • Report income tax withholding and FICA taxes for first quarter 2018 (Form 941), and pay any tax due. (See exception below under “May 10.”)

May 10

  • Report income tax withholding and FICA taxes for first quarter 2018 (Form 941), if you deposited on time and in full all of the associated taxes due.

June 15

  • If a calendar-year C corporation, pay the second installment of 2018 estimated income taxes.

For more information please contact us at (818) 789 1179

© 2018

 

Home-Related Tax Breaks Are Valuable On 2017 Returns, Will Be Less So For 2018

March 28 2018

Home ownership is a key element of the American dream for many, and the U.S. tax code includes many tax breaks that help support this dream. If you own a home, you may be eligible for several valuable breaks when you file your 2017 return. But under the Tax Cuts and Jobs Act, your home-related breaks may not be as valuable when you file your 2018 return next year.

2017 vs. 2018

Here’s a look at various home-related tax breaks for 2017 vs. 2018:

Property tax deduction. For 2017, property tax is generally fully deductible — unless you’re subject to the alternative minimum tax (AMT). For 2018, your total deduction for all state and local taxes, including both property taxes and either income taxes or sales taxes, is capped at $10,000.

Mortgage interest deduction. For 2017, you generally can deduct interest on up to a combined total of $1 million of mortgage debt incurred to purchase, build or improve your principal residence and a second residence. However, for 2018, if the mortgage debt was incurred on or after December 15, 2017, the debt limit generally is $750,000.

Home equity debt interest deduction. For 2017, interest on home equity debt used for any purpose (debt limit of $100,000) may be deductible. (If home equity debt isn’t used for home improvements, the interest isn’t deductible for AMT purposes). For 2018, the TCJA suspends the home equity interest deduction. But the IRS has clarified that such interest generally still will be deductible if used for home improvements.

Mortgage insurance premium deduction. This break expired December 31, 2017, but Congress might extend it.

Home office deduction. For 2017, if your home office use meets certain tests, you may be able to deduct associated expenses or use a simplified method for claiming the deduction. Employees claim this as a miscellaneous itemized deduction, which means there will be tax savings only to the extent that the home office deduction plus other miscellaneous itemized deductions exceeds 2% of adjusted gross income. The self-employed can deduct home office expenses from self-employment income. For 2018, miscellaneous itemized deductions subject to the 2% floor are suspended, so only the self-employed can deduct home office expenses.

Home sale gain exclusion. When you sell your principal residence, you can exclude up to $250,000 ($500,000 for married couples filing jointly) of gain if you meet certain tests. Changes to this break had been proposed, but they weren’t included in the final TCJA that was signed into law.

Debt forgiveness exclusion. This break for homeowners who received debt forgiveness in a foreclosure, short sale or mortgage workout for a principal residence expired December 31, 2017, but Congress might extend it.

Additional rules and limits apply to these breaks. To learn more, contact us. We can help you determine which home-related breaks you’re eligible to claim on your 2017 return and how your 2018 tax situation may be affected by the TCJA. Contact us at (818) 789 1179

© 2018

 

Tes’ Take: California Ballot Measure Could Create New California Estate Tax

March 27 2018

Tes Macaraya is a partner and head of tax at Martini Iosue & Akpovi

Just when we thought we could breathe a sigh of relief with estate tax exclusion increased to over 11 million, California might take all that away. Click on the link below to see information about the possible estate tax measure on the November ballot. Will the there be enough signatures to put this on the ballot?

If this ballot ever passes, it becomes critical to have an estate plan in place, taking advantage of gifting possibilities and discounts available.

http://www.givnerkaye.com/wp-content/uploads/2018/03/18-02-23-Cal-Ballot-Measure-to-Reestablish-Estate-Tax.pdf

For more information please contact Tes on (818) 789 1179 or email at tmacaraya@miacpas.com

 

Home vs. Away: The company Retreat Conundrum

March 27 2018

When a business decides to hold a retreat for its employees, the first question to be answered usually isn’t “What’s our agenda?” or “Whom should we invite as a guest speaker?” Rather, the first item on the table is, “Where should we have it?”

Many employees, and some business owners, might assume a company retreat, by definition, must take place off-site. But this isn’t necessarily so. Holding an on-site retreat is an option —and a markedly cost-effective one at that. Then again, it may also recall the old adage: You get what you pay for.

Staying put

There are several ways that staying put can better keep out-of-pocket expenses in check. The most obvious is that you won’t need to rent one or more meeting rooms. Perhaps even more important, no one at your company will need to spend valuable time and energy calling around to various hotels, gathering information and negotiating costs.

You’ll also likely spend less on food and beverages. A local restaurant can probably cater in the food for a nominal sum, and you could buy beverages in bulk. Furthermore, you’ll have no concerns or expenses associated with transporting employees to the retreat location (as long as your employees all work on site).

Problem is, employees tend to view on-site retreats as just another day at the office, making it hard to turn on creative juices and accomplish goals. They’re constantly tempted to run back to their desks to check their emails and voice mails. Worse yet, they may consider their employer a little too cost-conscious, if you catch our drift.

Heading out

Generally, people are better able to focus on a retreat agenda at off-site locations. They’re in a new, “special” environment that has no visual cues triggering their workday routines. So, even though you’ll incur additional costs, you may get a better return on investment.

During the planning process, remember that everything is negotiable. Hotels and facilities that host company retreats need and want your business. Get several quotes and compare prices and services. You’ll have more leverage if you avoid scheduling your retreat during a time of year when local venues tend to be busy.

Because hotels earn bigger margins on food, beverages and meeting setup fees, many will provide complimentary or discounted rooms for guest speakers and out-of-town employees. Also, try to negotiate a set food and beverage price for the entire retreat, rather than a per-person or per-event rate.

In addition, don’t be shy about asking for discounts. For example, if the facility requires an advance deposit and the balance at the end of the retreat rather than giving you 30 days to pay, request a prompt-pay discount.

Thinking it through

Not every company can afford to fly their staff to Aruba and hold beachside brainstorming sessions replete with tropical beverages. But crowding everyone into the break room and expecting mind-blowing strategic ideas to flow forth probably isn’t realistic, either. Find a suitable and productive point somewhere in between. Let us know if we can help with further information or more ideas. Contact us at (818) 789 1179

© 2018

 

« Previous PageNext Page »