Archive for March, 2010

Employee? or Contractor?

The line can become blurry between an employee and an independent contractor. The one thing we do know is that for companies an independent contractor means no social security tax, no medicare and no unemployment insurance taxes for those workers. Clearly, there are advantages to hiring contractors over employees. However, the government’s 2010 budget includes a crack down on companies who classify individuals as independent contractors  when they might really be employees.  Many companies are avoiding  taxes by hiring employees as contractors. Contractors usually do business themselves and are their own business; they find clients and decide when and where they work. Employees however, do not obtain their own clients; they work for the company and do so under company policies.

By increasing the enforcement of correctly identifying employees and contractors, the government will receive more funds from taxes that have been circumvented in the past. The old rule by the I.R.S will be rewritten so that misclassification will not be allowed. So moving forward it will be mandated that companies correctly classify their workers and bite the bullet on paying the increase in taxes.

The IRS has published some common law rules and rules of thumb to aid employers in their determination and avoid an audit surprise!

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The HIRE Act- Benefits for Employers who hire the unemployed!

There are two new tax benefits available to employers who hire previously unemployed (60 days or more – and these employees must file an affidavit).

The first benefit provides an employer who hires a previously unemployed person (some terms apply – for example it looks like hiring your relatives is a no-no) with a tax incentive for the employer’s share of Social Security taxes. (This is 6.2% savings)

While the implementation guidelines appear to still be in the works – we think you’ll claim the credit on your employment tax forms. Check with your us on whether the new HIRE act applies to your company and for the exact steps you’ll need to take to implement the act.

The second benefit will provide a general business tax credit for each eligible worker retained for at least a year. The credit amount may be up to $1,000 per employee and would be claimed on the 2011 employer tax returns.

Sage Software’s Explanation of The HIRE Act

Synopsis of the portion of the legislation impacting the payroll:

Social Security tax exemption

The Federal Insurance Contributions Act (FICA) imposes two taxes on employers, employees, and self-employed workers—one for Old Age, Survivors, and Disability Insurance (OASDI, commonly known as the Social Security tax), and the other for Hospital Insurance (HI, commonly known as the Medicare tax). The FICA tax rate for employees and employers is 7.65% each—6.2% for OASDI and 1.45% for HI. There is a maximum amount of compensation subject to the OASDI tax (i.e., $106,800 in 2010), but no maximum for HI.

The HIRE Act provides certain employers with relief from their share of the OASDI taxes on wages paid to a “qualified individual.” A qualified individual is anyone who:

  • begins work for a qualified employer after Feb. 3, 2010 and before Jan. 1, 2011;
  • certifies by signed affidavit (under penalties of perjury) that he was employed for a total of 40 hours or less during the 60-day period ending on the date the employment begins;
  • is not employed to replace another employee of the employer unless that former employee separated from employment voluntarily, or for cause; and
  • is not related to the employer (under rules similar to those in IRC §51(i).
  • The exemption would be available to any employer, other than a federal, state, or local employer (or government instrumentality). However, an employer that is a public higher education institution could claim the exemption. An employer could elect not to receive this payroll tax benefit.

The bill also provides a similar payroll tax benefit to railroad employers.

It is expected that the Social Security tax exemption would be reported on Form 941, Employer’s Quarterly Federal Tax Return. The first quarter return (January 1 to March 31, 2010) must be filed by April 30, 2010. However, the bill does not allow the Social Security tax exemption to be claimed with respect to wages paid in the first quarter of 2010. The tax benefit that employers would have received in the first quarter of 2010 will be claimed in the second quarter of 2010 instead.

An IRS representative has stated that the IRS will be ready to make changes to Form 941 shortly after the bill is enacted.

The legislation calls for the employer Social Security tax exemption for qualified employers, as applicable, for wages paid to the qualified individual during the period beginning on the day after the date of the enactment and ending on December 31, 2010.
The Full IRS release is available here

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Patient Protection and Affordable Care Act- What it means to you! New Taxes!

On March 23, 2010, President Obama signed into law a comprehensive health care reform bill that raises nearly $400 billion over 10 years through tax increases on higher income individuals, excise taxes on high-cost group health plans, and new fees on selected health care related industries. So, what does it mean to you? First , in terms of taxes:

From ABC News:

Individuals with incomes of $200,000 or higher, and families with combined incomes of $250,000, will be subject to a new 3.8 percent “Medicare Tax.” They will also be taxed now on unearned income, including dividends, interest and capital gains.

If the Senate passes the “fixes” that the House of Representatives has proposed, as it plans to, there will also be a new tax on high-cost insurance plans, called the “Cadillac tax,” which employers will have to pay. Insurance plans with a premium of $10,200 for individuals and $27,500 for families would be subject to a 40 percent tax. Many say such high-value, generous insurance packages that include luxuries such as no co-payments and deductibles are responsible for increasing costs in the industry, but many labor union members and teachers negotiate such plans in exchange for lower pay. Companies in the medical industry will also be subject to higher taxes, including insurers, pharmaceutical companies and medical device manufacturers.

The act will expand coverage to 32 million Americans, but many of the provisions — with the exception of prescription drug coverage for older Americans and children who have been denied insurance because of pre-existing conditions — are not expected to go into effect until 2014.

A majority of Americans — about 60 percent — get health insurance through their employers. If those Americans make less than $200,000, they are unlikely to see any changes, since the health care act is designed to maintain the role of employers in providing health insurance benefits and penalizes those that don’t. But the act will affect those in the high income bracket and poor Americans who currently cannot afford health coverage.

Melanie Dobson summarizes the provision below:

Insurance Market Changes:
Starting this year, insurance companies would be barred from denying coverage to children because of pre-existing conditions. Effective today signed, they will also be prevented from placing lifetime caps on policies, or from dropping a patient’s insurance if he or she gets sick.

In the next three months, “high risk pools” will be established for those who who have pre-existing conditions, to provide safeguards until all the provisions are fully enacted.

Also this year, insurance companies would be required to cover preventive services, which includes such medical procedures as vaccines that are recommended by the Centers for Disease Control and Prevention.

By 2014, insurance companies will be prohibited from denying coverage to adult patients with pre-existing medical conditions or charging them more because of these conditions.

In a move that has made many college students and young Americans happy, the health care bill allows parents to keep their children on their insurance plan until the age of 26. That provision takes effect this year.

Prescription Drugs:
Proponents of the health care act have been touting how it aims to close the “doughnut hole” in prescription drug coverage. What that means is that older Americans who hit the cap on their Medicare prescription drug benefits will be given a rebate, starting this year. Once they spend $2,830, older Americans will receive a $250 rebate. Starting in 2011, older Americans who go past the allotted amount will be given a 50 percent discount on prescription drugs. The bill aims to close the “doughnut hole” completely by 2020, but older Americans will still have to pay for 25 percent of their drugs.

Health Care Act: Tax Increases:
Individuals with incomes of $200,000 or higher, and families with combined incomes of $250,000, will be subject to a new 3.8 percent “Medicare Tax.” They will also be taxed now on unearned income, including dividends, interest and capital gains.

If the Senate passes the “fixes” that the House of Representatives has proposed, as it plans to, there will also be a new tax on high-cost insurance plans, called the “Cadillac tax,” which employers will have to pay. Insurance plans with a premium of $10,200 for individuals and $27,500 for families would be subject to a 40 percent tax. Many say such high-value, generous insurance packages that include luxuries such as no co-payments and deductibles are responsible for increasing costs in the industry, but many labor union members and teachers negotiate such plans in exchange for lower pay.

Companies in the medical industry will also be subject to higher taxes, including insurers, pharmaceutical companies and medical device manufacturers.

However, there are a wide array of tax incentives for small businesses to provide insurance to their employees.

Mandatory Insurance:
By 2014, most Americans would be required to have health insurance or pay a fine, with the exception of low-income Americans. Small businesses, high-risk patients and the uninsured would have the option of shopping for coverage in health insurance exchanges, a marketplace in which people could shop for and compare insurance plans.

Employers would also be required to provide coverage to their workers, or pay a fine of $2,000 per worker. Companies with fewer than 50 employees, however, are exempt from this rule.

Medicaid:
The act greatly expands Medicaid and subsidies to low-income Americans. Those who are at 133 percent of the federal poverty level, or $29,327 for a family of four, would be eligible for Medicaid, starting in 2014.

Also in 2014, adults who don’t have children would be eligible for such benefits that have traditionally only been given to households with children.

We will continue to update this important, new legislation and its impact on you as the details unfurl!

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Crayons, Sunglasses, Cupcakes and lots of other things are tax deductible!

When and where there are tax credits or breaks available, we try and make sure you know about them. No need to worry if you itemize or not, there are several deductions that you can be taking advantage of for 2009! Let’s take a look:

$ PROPERTY TAXES: By claiming state and local property taxes on your 1040, you may deduct up to $500 (or $1,000 filing jointly). If you do itemize, you may deduct the full amount.

$ CAR TAXES: Sales tax paid on a car purchased from Feb. 17-Dec. 31, 2009 can be deducted up to $49,500 of the car’s purchase price. This deduction is available even if you also used the Cash for Clunkers Program.

$ HOMEBUYERS CREDIT: The rules changed for the homebuyer credit midway through 2009. Now it can be applied to first time homebuyers and previous home owners. To know all the dates and limits go to the IRS website and to know more about the credit check out our blog on it.

$ TEACHERS SUPPLIES: If you spent money purchasing items for your classroom (crayons, calculators, paint) you are eligible for a $250 credit, dollar for dollar. This is only available if you do not itemize your return.

$ CAPITAL LOSSES: Any stocks or funds that you may have sold at a loss can be used to offset your gains. This means any losses from stocks in 2009 up to $3,000 or any carry over losses you did not get to use entirely in 2008.

$ JOBLESS BENEFITS: If you collected any in 2009, the first $2,400 of jobless benefits are tax deductible.

$ SANDWICH GENERATION: Are in the middle and taking care of both your children and your parents? If your parents makes more than $3,650 per year (not including social security benefits) then you cannot claim them as dependent. But, you may be able to claim them as a medical dependent if you or a group of you and your siblings provide more than 50% of their support. In this case, one person from that group may claim the parents as a medical dependent and can deduct their medical expenses as their own. The other slice of bread would be your children. While college is becoming more and more expensive, the American Opportunity Tax Credit allows you to claim $2,500 per student per year for the first four years of college. This credit however, does begin to phase out at income of $80,000.

$ CHARITY WORK OR HELP: Any donations that were made to Haiti in January and February of 2010 are deductible on 2009 tax returns. Volunteer mileage is also deductible if you spend time driving to soup kitchens, hospitals, or shelters to volunteer time the miles are deductible at 14 cents per mile. Also any donations you may have made to a local bake sale, supplies for soldiers, or gifts to charity are deductible for the cost of supplies.

With the domino effect that the economy is experiencing it is important to save money where you can! There is no reason to pay more than necessary in taxes so hopefully some of these credits and deductions can be applied to your personal return.

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Economic Recovery Payment Look Up Tool

The IRS developed the “Did I Receive an Economic Recovery Payment (ERP)?” look up tool which gives taxpayers an easy way to determine if they received the one-time ERP payment and which agency made the payment.

Taxpayers can call 866.234.2942 to access the phone application then select Option 1. The web application will be available March 23 on the IRS website. Taxpayers who had earned income in 2009 or are government retirees and received an ERP need to report whether or not they received an ERP and the amount when they prepare their Schedule M, Making Work Pay and Government Retiree Credits.

This reduces the credit you will receive from $400 to $150 and your return is rejected if it is not reported!

The one-time $250 ERP was paid to individuals in the following categories:

  • Retirees, disabled individuals, and Supplemental Security Income (SSI) recipients receiving benefits from the Social Security Administration,
  • Disabled veterans receiving benefits from the U.S. Department of Veterans Affairs, and
  • Railroad Retirement beneficiaries.

When using the IRS look up tool, taxpayers will have to enter three pieces of information to determine if they received an ERP:

  • SSN
  • Date of birth
  • Zip code from the last filed return

A separate telephone call or web inquiry must be made for each taxpayer, even if filing a joint tax return.

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Gadgets, gadgets, gadgets!

When it comes to keeping more money in your pocket, I see it two ways. Find a better way to get items at a discount or with coupons, or a better way to sell the gadgets you already have and no longer use. Previously, we have written a blog about saving money by using sites like retailmenot.com or couponcabin.com. Now we would like to introduce sites like Gazelle.com, where you can sell those old computers and phones you don’t use!

This site is designed for you to search for that old phone that you used, or laptop that has been stored in the basement for the last 6 months; now instead of just letting them clutter your home you can sell them! The products that are still in useable condition will be recycled to a new owner, and those that have lived a full life will be recycled properly and they don’t have to be stuffed in your house, or in a landfill! It is a win-win!

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