IRS Audits

Business Tax Planning, IRS Audits

Using an IRS Accountable Plan to Maximize Deductions for Your San Francisco Bay Area Business

Any of you San Francisco Bay Area business owners remember those halcyon days when you could “talk a little business” with somebody while traveling … and then you got to write off the whole getaway on your taxes? Even if that ever really happened, that ain’t today. Now, the good folks at the IRS pull against their leashes to get at businesspeople who try to finagle an on-the-job tax deduction – and the taxman’s very best friend can be your own sloppy records. Get yourself an “IRS accountable plan.”  (Ahem.)Patti (408) 241-4100 Gale 408-775-7800 And before I dive into all that, one more reminder that this Friday, October 15th is the deadline for extended federal personal tax returns for 2020 (for the vast majority of the country). If you need a quick chat on this, use the info above and get in touch. In the meantime, let’s get your books “on lock” as the young people say. (Do they still say that?) Using an IRS Accountable Plan to Maximize Deductions for Your San Francisco Bay Area Business“It is time to restore the American precept that each individual is accountable for his actions.” – Ronald Reagan “IRS accountable plan” is a fancy way of saying “Reimbursing your employees — and yourself — without making the taxman mad.” You and your employees often reach into your own pockets for legit business expenses – sometimes for just a couple of bucks but sometimes for a lot more. Used to be if you had enough of these expenses, you could deduct them on your personal tax return. Then came the Tax Cuts and Jobs Act of 2017. Maybe you heard about it? Well, it pretty much erased the regular taxpayer’s itemized deductions for business. But what happens if you still need copy paper or to drive your car to see a client (or for that matter, call a client on your personal cell phone)? Do you just have to eat that cost? IRS accountable plans are formal guidelines that you create, which explain how you reimburse your employees for expenses and which ones qualify for reimbursement. (Reimbursements for expenses aren’t wages, so they’re not subject to tax.) Sound good? Can be – but it takes work. The deduction is in the details You won’t have to submit your accountable plan to the IRS but, if you want your deductions to hold up to scrutiny (yes, that scary word: “audit”), it’s a good idea to know what your accountant plan should include. (By the way, we’re going to talk more here about the plan itself than about the deductions themselves.) First, your “IRS accountable plan” doesn’t have to be written – but why shouldn’t it be? It makes everything clear to everybody in your company – and the IRS respects paper. Your plan should cover how much time your employees have to submit expenses; how they ask for reimbursement, including what documents are needed; what you’ll reimburse them for; the max that you’ll reimburse; and when employees should give back leftover reimbursement money. The IRS likes it if your plan also makes crystal clear how the expenses relate to your business. They also have to be substantiated in what’s called “a reasonable period” and your employee has to give back any expenses money they don’t spend in, again, “a reasonable period.” The IRS does seem to think that 30, 60 or 120 days is “reasonable” depending on whether it’s for your employee submitting expenses, you paying them, or your employees paying back excess. Some San Mateo biz owners might wonder, “What about small stuff like tips? I need records for that?” Well, the IRS is a little cagey on what they think “small” is. Some biz owners probably think records for anything more than ten bucks is a good idea. Others probably say five. Don’t guess. Keep everything, take no chances, and just document, baby, document. Go for the record Sure, they’re a pain to keep, but detailed records strengthen your case. There’s just no way around that. Keep them with your IRS accountable plan. Get yourself a designated logbook (hey, that’s an expense, too) and keep receipts, bills, and credit card statements. Photocopies will work. Detail detail detail those expenses: amount, time, place, and reason for the spending. “Twenty bucks for gas” doesn’t fly like “Twenty bucks for gas for this employee, on this day and time, at this gas station, because my employee was headed here to meet this person and here’s exactly how the whole relates to my business.” More pointers: Check with us if you have any questions … and keep every scrap of paper for records (and keep it organized if you can). You’ll be glad you did. If you need help formulating this …  well, that’s what we’re here for.Patti (408) 241-4100  Gale 408-775-7800 To more of your business’s money trickling into the bottom line, Patti ONeill and Gale Bergado(408) 241-4100ONeill & Bergado

IRS Audits

ONeill & Bergado on What “Open For Business” Means To The IRS

We’re seeing businesses across the nation acknowledge this week’s 9/11 day of remembrance in really special ways. It’s been 22 years already. Looking back, 2001 and 2020 are similar as stand-out turning points for America, albeit in different ways and for different reasons. As it relates to business, 2020 marked a new era of how Americans think about work.  The Great Resignation, as it was conveniently coined by the word-spinners, spawned more than just droves of workers leaving their day jobs. They left and began starting their own businesses. In 2020, there was a 24 percent jump in new business formations, and 2021 boasted a 5 percent increase from 2020. And over 3 million business applications have already been submitted through July of this year (compared to 4.4M for all of 2019). The entrepreneurial vibe is still trending upward. If you’re reading this as a new-ish business owner or as one of those starting over from the beginning, let’s talk taxes. Specifically, you need to know when you can start counting your San Francisco Bay Area business expenses as tax deductions. ONeill & Bergado on What “Open For Business” Means To The IRS“If you are not embarrassed by the first version of your product, you’ve launched too late.” ― Reid Hoffman It might go without saying, but because I’m an accounting professional, it’s important for me to be clear at the outset of this discussion: you have to have launched your San Mateo business to deduct business expenses. This means you’re actively engaged in activities with the intention of making a profit.  If you’re making hand drawn stationery as a creative outlet, “open for business” means you’ve got an Etsy seller page, active product listings, and orders coming in.  If you’re exploring consulting as an alternative way to bring home an income without the responsibilities of managing a facility and a staff, “open for business” means you have a registered business entity, an online appointment portal, and an invoicing system that’s receiving payments. If you want to capitalize on your industry experience by teaching others, “open for business” means you’ve got a YouTube channel, a marketing plan that’s helping you grow, and an active ad account. These are all just examples, but all of these situations send the right signals of your business status to the IRS. Now, you don’t have to be a full-blown corporation or brick-and-mortar business from day one, but you do have to officially be “open for business.” (Here’s a checklist to consult to see if you’ve covered the start-up basics.) Because the IRS generally considers an activity a business if it’s conducted with a genuine profit motive and carried out in a businesslike manner. That’s harder to determine in today’s gig economy. So here are some of the things the IRS is looking at to differentiate your venture from a hobby so that you can deduct those business expenses with confidence: A note on that last point: if you’ve been at this for awhile, but your business activity consistently generates losses year after year, the IRS may question whether you’re truly in business to make a profit. To avoid this, aim to show a profit in at least three out of the last five years, or be able to demonstrate sufficient growth toward that end. If you can meet these requirements, not only are you “in business” for yourself, but the IRS will think so too. That means you can legally deduct those mounting start-up business expenses on your tax return. But, of course, in order to do so, you need to be keeping accurate records of your business expenses and profits (another key indicator the IRS will be watching for). Proper recordkeeping not only helps you manage your finances effectively but also demonstrates to the IRS that you’re serious about your San Francisco Bay Area business. Need help with that? Let’s talk about your current systems and how we can take care of this vital piece of business ownership for you:(408) 775-7790  For when you’re starting for the first time or starting all over again, Patti ONeill and Gale Bergado

IRS Audits

Partnership Income Tax Returns & More San Francisco Bay Area IRS Targets

Though the days are getting shorter and the weather is taking a turn, there are some great revenue reasons to get excited about the next two months. As we round the bend into Black Friday territory (which for many began at the end of October), it’s time to get nimble with your business plans. We all know the power of the holiday season for boosting sales — revenue-increasing opportunities abound. Even if your business isn’t centered on retail, are there offers you can create to capitalize on Black Friday? Finding ways to boost your revenue should have you jumping on seasonal moments in addition to careful planning and execution of your business goals.  For you as a business owner, besides jumping on opportunities, you’ll also want to stay abreast of things that might affect your business with Uncle Sam. While there have been some good developments from the IRS with regard to San Francisco Bay Area businesses like yours (primarily the business accounts option), there are also the negative implications of a more concerted effort by the IRS to collect unpaid taxes.    But, even as I write today’s note on new moves coming from the IRS, the House passed legislation recently that would nix IRS funding for most of it. But if the funds stay in place, which is very possible considering the Senate’s bent toward shutting it down (and a presidential veto if not), here’s what’s coming… Partnership Income Tax Returns & More San Jose IRS Targets“The best way to maximize your wealth is through legal and ethical means, which includes proper tax compliance.” ― Warren Buffett The IRS has been making plans to expand its tax compliance efforts since they received new funding in August of last year. You might have heard about their new tax targets and started to worry as a business owner. So I’m going to break it down for you today so you know what exactly they’re going to be looking for.  The IRS will be focused less on working-class taxpayers and increasingly toward high-income individuals and corporations. Why? Because these groups have seen sharp drops in audit rates during the past decade.  Specifically, that means high-income earners, partnership income tax returns, large corporations, and promoters “aggressively peddling abusive schemes.” “This new unit will leverage Inflation Reduction Act funding to disrupt efforts by certain large partnerships to use pass-throughs to intentionally shield income to avoid paying the taxes they owe,” said IRS Commissioner Danny Werfel. Pass-through entitiesThat “new unit” tasked with these specific targets is in the IRS’s Large Business and International Division. They’re keeping an eye on the use of big, intricate pass-through entities like S corporations and partnerships that are being intentionally used to dodge paying income taxes on their returns. Some history on this… The Bipartisan Budget Act of 2015 brought about significant changes in how the IRS handles partnership income tax returns. It placed a spotlight on partnerships that have non-individual entities as owners and introduced an option for smaller partnerships to opt-out. When people in my line of work saw this kind of transformation in governance, many of us anticipated that there would be increased attention on larger and more organized partnerships, and here it is. High net worth individualsSpecifically, this means taxpayers who earn over 1M and owe more than 250K in taxes. It’s a targeted approach based on their past success, where they managed to collect a substantial $38M from 175 high-income earners. For fiscal year 2024, the IRS has assigned a dedicated team of revenue officers to handle these high-end collection cases. The IRS plans to expand their efforts by reaching out to approximately 1,600 taxpayers in this category, all of whom owe hundreds of millions of dollars in taxes. FBAR violationsThe IRS says high-income taxpayers across the board have been using offshore accounts to dodge disclosing their earnings (and the associated taxes). If you’re a US citizen with a financial interest in a foreign bank account, you need to file something called an FBAR (Report of Foreign Bank and Financial Accounts). This is required if the total value of all your foreign financial accounts adds up to more than $10,000 at any point in time. After digging into years of filing data, the IRS has spotted hundreds of potential FBAR non-filers — folks who seem to have not reported their foreign accounts, and on average, they have a hefty $1.4M in those accounts. In response, the IRS is gearing up to audit the most serious cases of potential FBAR non-filers in the upcoming Fiscal Year 2024. All of this is still in the formal stages of development. Staffing for these efforts will be the biggest challenge for the IRS (3,700 is the number of skilled staff they want to hire). But it has begun, and that’s why I’m sharing these updates with you. My clients have nothing to worry about, but if you want to talk about how all of this might impact you or your business, reach out:  Looking out for you, Patti ONeill & Gale Bergado

You have been successfully Subscribed! Ops! Something went wrong, please try again.

Contact Details

Our Most Requested Services

Quick Links

Importaint Link

Scroll to Top