Tax Update: January 2019

Tax Reform

New year, new law, new challenges
Complexity of the Tax Cuts and Jobs Act and technology delays at the IRS may force taxpayers to extend filings. At a minimum, taxpayers should be prepared to extend and file their returns later in the year, even if they have previously filed by the March or April 15 deadlines. Taxpayers should consult their tax adviser and make a plan to address the appropriate timing and additional steps necessary to file their 2018 returns.


Trending in Tax

Tax reform’s impact on business and professional services firms
Business and professional services firms face challenges due to tax reform, but there are opportunities to maximize the benefits, too.

Post-Wayfair misconceptions and technology companies
The Wayfair decision doesn’t just affect online retailers. Technology businesses must address resulting state sales taxes, too.

Tax deduction for pharmaceutical drug inventory
Enhanced tax deduction may be available for drug inventory contributions made to certain charitable organizations.

Nonqualified deferred compensation plan FAQs for employers
When setting up or managing nonqualified deferred compensation plans, employers should consider several key questions.

 

tax preparer typing on computer and using calculator

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Nonprofit Update: December 2018

Foundations for Board Governance
Looking to increase the effectiveness of your nonprofit’s board? RSM’s guide highlights common problems and practical solutions related to board governance.

The evolving role of outsourcing within nonprofit organizations
Adjusting existing outsourcing strategies can help streamline service delivery and further increase efficiency and productivity.

Phishing awareness: Recognizing, addressing and avoiding threats
Phishing is one of the most common and most successful forms of cyberattack. Learn how to recognize the warning signs of potential phishing.

IRS issues guidance for determining UBTI for separate businesses
The IRS issued Notice 2018-67, providing interim and transition rules for determining UBTI for separate trades or businesses.
Read more.

Recorded webcast: Annual tax update webcast for nonprofit organizations
Learn about the current tax landscape for exempt organizations as well as look ahead to 2019.
View the webcast.

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP. This includes regular updates on the latest insights for nonprofit organizations.

Tax Update: November 2018

Tax Reform

IRS releases proposed regulations for Qualified Opportunity Zones
The IRS released proposed regulations and a Revenue Ruling providing guidance on the newly created Qualified Opportunity Zones.

Investing in opportunity zones under the 2017 Tax Act
Taxpayers need to consider the tax benefits (deferral and possible exclusion) of investing realized gains in opportunity zone funds.

Cushioning the double-tax blow: the section 962 election
Double tax on dividends received by United States shareholders from foreign corporations addressed via TJCA through section 962.


Trending in Tax

Capital expenditures are not meeting expectations
How tax laws affect a company’s growth and cash flow depends on management’s priorities. The key is investing for the long term.

South Dakota v. Wayfair and manufacturing: 3 misconceptions debunked
The Wayfair decision goes beyond just retail and can impact manufacturers that sell exempt to resellers or distributors.


Tax Planning

2018 year-end tax considerations for businesses
A business guide to tax considerations for 2018 and beyond to help the middle market make smart, informed decisions.


Special Interest

The Real Economy: Volume 45
Developing markets face growing risks that present a clear and present danger to middle market firms.

tax expert using a calculator to calculate tax rates for qualified opportunity zones

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Nonprofit Update: October 2018

Is there really a tax cut in the TCJA for exempt organizations?
Potential tax increase for exempt organizations hidden in the TCJA as part of the corporate tax cut.

Cybersecurity: Understanding the threat
Answer our five-question online assessment to help evaluate how your security program stacks up.

Changes to accounting for grants and contributions made and received
An overview of the clarifications to identifying reciprocal and nonreciprocal transactions and conditional and unconditional contributions.

Managing lease accounting for public and private higher education
Colleges and universities must adjust to the new level of judgments and estimates required under ASC 842 and GASB 87 lease accounting.

Recorded webcast: 2018 federal grants management update
Learn about current developments in grants management compliance requirements for nonprofits.

 

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP. This includes regular updates on the latest insights for nonprofit organizations.

Tax Update: September 2018

Tax Reform
A closer look at the new pass-through deduction proposed regulations
Initial thoughts, observations and insights on several key areas of the new pass-through deduction proposed regulations.

Trending in Tax

Wayfair, sales tax, and economic presence laws
Economic sales and use tax nexus laws are gaining momentum as states make a direct challenge to traditional physical presence standards.

How to structure executive compensation in a competitive market
Effective executive compensation includes strategy, a mix of components and metrics closely aligned with the organization’s goals.

Ninth Circuit finds transferee liability in asset sale
Former shareholders found liable for tax from asset sale as transferees because the subsequent stock sale lacked economic substance.

 

Book on desk open with pen

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: August 2018

Tax Reform
U.S. tax reform international implications
RSM’s Ramon Camacho and Ayana Martinez discuss the TCJA and BEPS with BEPS Global Currents.
Estate planning subsequent to the enactment of tax reform
Estate planning strategies to help minimize future estate, gift and generation-skipping taxes for estates in excess of the exemption. This article explores tips and traps associated with estate planning strategies to consider.

Trending in Tax

Frequently asked questions on country-by-country reporting
A guide for multinational corporations regarding country-by-country reporting questions and base erosion profit shifting. These regulations are based on model legislation from the Organisation for Economic Co-operation and Development (OECD) and are part of the project addressing base erosion and profit shifting (BEPS).

Stock options and section 409A: Frequently asked questions
An explanation of the section 409A considerations that companies need to be aware of when issuing stock options.

Economic Insight 

The Real Economy: Volume 44
In this issue we discuss the growing risk to key industries and the middle market economy. The hit to the economy caused by the taxes on imports and exports will spread asymmetrically across the industrial ecosystems that make up the domestic economy. Based on our conversation with officials in Washington, it is apparent that the middle market will bear a disproportionate burden of adjustments from trade tariffs and should prepare accordingly.

 

two people with laptops, pencils, and paper, planning for tax reform international implications

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Non-Profit Update: July/August 2018

New standards for nonprofits present their own challenges
New standards for nonprofit financial statements and revenue recognition will need to be implemented over the next two or three years.

How IT outsourcing strengthens security for nonprofits
The evolving complexity of strong cybersecurity underscores the value of an outsourcing partner dedicated to keeping cybercriminals out. It often requires just a series of emails to get senior finance executives to begin looking beyond their own IT departments to safeguard their businesses against cyber-hackers.

GDPR enforcement is here…is your organization prepared?
General Data Protection Regulation (GDPR) noncompliance could mean potentially significant fines and penalties. Organizations must know where they stand and how to react before it’s too late. The following infographic provides key insights into GDPR compliance requirements, helping your organization understand critical elements of the regulation.

Nonprofit tax reform resource center
The recently enacted Tax Cuts and Jobs Act has produced widespread tax law changes for exempt organizations. Learn more about the latest updates in our resource center. Our resource center features the latest in developments related to the potential effects of the new tax law for exempt organizations.

 

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest insights for non-profit organizations.

Tax Update: July 2018

Trending In Tax

U.S. Supreme Court kills Quill physical presence
Economic sales tax nexus laws permitted by the Court; physical presence sales tax nexus is no longer the Constitutional standard. Writing for the majority, Justice Kennedy, who also sat on the Quill court in 1992, noted that the Quill decision was, “flawed on its own terms,” for several reasons. The Quill decision, “created rather than resolved market distortions,” meaning that sellers essentially could take advantage of a judicially-created tax shelter by limiting physical presence in a state. Similarly, sellers were incentivized by avoiding such physical presence.
Tax Reform
Tax reform, retirement plans and business ownership
Business owners need to consider the impact tax reform has on the benefits of retirement plan contributions. For employees, the differences are typically minimal, however the affect on owners may not readily be seen at first glance. The qualified business income, or section 199A deduction, is a complex change in the tax law that needs substantial further guidance from the IRS—and the details of which are too complex for a discussion here. However, when looked at simply, it provides owners of certain pass-through businesses as well as sole-proprietors a 20 percent deduction against their qualified business income.

remote seller uses laptop to determine sales tax nexus under Quill

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

4 Key Takeaways from Insero’s Tax Reform Update Seminars

The Tax Cuts and Jobs Act (TCJA) of 2017 is ushering in some of the most significant tax changes in three decades. In anticipation of these changes, Insero recently held a series of Tax Reform Update seminars. If you weren’t able to attend, here are a few of the key takeaways:

 

1. Entity Selection

 

If your business is currently an S corporation or an LLC, changing to a C corporation would allow you to capture the benefits of the new lower corporate tax rate (21% vs. 34% in 2017). If your business is currently a C corporation, changing to an S corporation would allow you to benefit from the new “Qualified Business Deduction”, which is 20% of “Qualified Business Income” (QBI).

While there is no “one size fits all” solution, here are some things to keep in mind:

Tax Rate Analysis

When considering the new 21% tax rate, a pass-through entity is no longer a “no-brainer” in many situations. You’ll want to consider the personal tax rate, taking Qualified Business Income (QBI) in to account. For some existing C corporations, a flat 21% may actually result in a tax increase. Here are some key questions for business owners:

  • Does the business owner require or want access to business cash? If so, when and how much?
  • Will the corporation be reinvesting its profits?
  • What are forecasted profits?
  • What is the business owner’s sell window?
  • What is the perceived ability to sell stock?

Qualified Business Income

New Code Section 199A provides for a deduction equal to 20% of the QBI of pass through entities, including sole proprietorships. There are many limitations, pitfalls, traps, details, and unknowns associated with this deduction, so it is very important that business owners discuss the impact on their business with their service providers. QBI is defined as income or loss from a “qualified” trade or business from US source operations (not foreign). It is NOT wages, salary, guaranteed payments, or investment income. A “qualified” business or trade is defined in the negative, as anything that is not a “specified service business” (SSB). An SSB is one that involves the performance of activities including health, law, accounting, actuarial sciences, performing arts, consulting, athletics, financial services, investment management, or any business whose principal asset is the reputation or skill of one or more of it’s employees. This is by no means a comprehensive list, and the new law leaves much to be defined, so we recommend you discuss your specific situation with your accountant to determine if your business qualifies.

 

2. Accounting Methods

 

Depreciation

Assets placed in service after September 27, 2017 now qualify for 100% bonus depreciation until 2022. This now includes used property and pretty much anything other than buildings such as office equipment, machinery, fleet vehicles, and many leasehold improvements. For property placed in service in taxable years beginning after December 31, 2017, the Section 179 Deduction limit is now $1,000,000 (up from $5,000 previously) with phase-out over $2,500,000 (up from $2,000,000). Bonus Depreciation and Section 179 are NOT the same, so we recommend you discuss the differences and benefits with your accountant.

A Cost Segregation Study (CSS) is another option for new buildings (within the past seven to eight years depending on size) and is essentially depreciation on steroids. If you have recently built or purchased any new buildings in the past several years, a CSS could provide your business with valuable tax deductions and increase tax flow.

Cash Method vs. Accrual Method

Under the TCJA, businesses can now use the cash method of accounting, even if you have inventory. You must still “account” for the inventory, but not receivables and payables. C Corporations now have the expanded ability to use the cash method as well. Depending on your type of business and business operations, this may be beneficial and can possibly exist for retroactive tax planning.

 

3. Personal Taxation

 

There have been sweeping changes to nearly all facets of personal taxation. There are still seven tax brackets, but each bracket rate has been reduced by two to four percentage points and each bracket has been “elongated”, i.e. a lower rate will apply to more taxable income. The standard deduction has also increased for all taxpayers, while State and Local Tax (SALT) Deductions have been limited to a total of $10,000 (including Income and Property Tax). In addition, the Alternative Minimum Tax (AMT), while not repealed, has been declawed.

What does this mean? New York State Taxpayers with between $100,000 and $150,000 or over $700,000 in taxable income may feel these changes the most. Why? The old AMT and Standard Deduction usually (not always) precluded the benefit of the SALT deductions. However, lower rates will somewhat mitigate this issue.

 

4. NYS Response to Federal Tax Reform

 

The Employer Opt-In Compensation Tax program. The idea here is for employers to voluntarily pay a compensation-based tax, for which certain employees would then receive a NYS credit. Presumably, then, the employer would reduce the gross pay of its employees, so that both the employer and the employee stay “whole” on cash flow basis. Essentially the program converts the SALT deduction to less gross income. The program leaves many questions unanswered, which will be interesting to learn about as it is implemented.

What can you do? Get a projection of your 2018 taxable income and tax so that you are not surprised next April, one way or the other. There are very few generalizations that can be made about the overall effect of these changes. The only way to know for sure is to look at your specific situation and put pencil to paper (or fingers to keyboard). Above all, it is important that you get your service provider team on board for any major changes, whether now or in the future. We can work together with your attorneys, investment advisors, and bankers to develop a tax strategy tailored to your specific business situation. Click here to contact us today.

 

Want to learn more?

Save the date for one of Insero’s Annual Tax Update seminars:

December 11, 2018 in Rochester

December 13, 2018 in Ithaca

Click Here to Sign Up for Email Reminders

Green Tax Reform Binder with information on the Tax Cuts and Jobs Act of 2017

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Disclaimer

Non-Profit Update: May/June 2018

Nonprofit tax reform resource center
The recently enacted Tax Cuts and Jobs Act has produced widespread tax law changes for exempt organizations. Learn more about the latest updates in our resource center.

Donor-advised funds: Accounting implications related to pledges
This article addresses the accounting implications related to a donor’s use of a donor-advised fund to service a pledge. According to the National Philanthropic Trust’s 2017 Donor-Advised Fund Report, there were approximately 285,000 individual donor-advised funds (DAFs) in 2016 with aggregate charitable assets of $85 billion.

Understanding and managing 2018’s key risks
RSM’s recent 2018 economic and risk webcast analyzed emerging economic and risk trends, and detailed four specific risks that your company will likely face this year. This infographic summarizes the webcast to help you understand new innovation, automation, cybersecurity, and data privacy risks and potential management responses.

Planned giving strategies: Strategies, tactics and tools
Once a nonprofit understands the charitable visions of its donors, it’s time to discuss strategies that will help the organization accomplish its goals.

On demand: Annual nonprofit accounting update webcast
Miss our webcast on Thursday, April 19? View the annual accounting update on demand, answer polling questions and complete the final exam to be eligible for CPE credit for this course.

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/muse.html

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest insights for non-profit organizations.