Tax Compliance

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

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