Archive for December, 2010

Top 11 Regulatory Changes for Small Business in 2011 (From Accounting Today)

Wednesday, December 29th, 2010

The start of the New Year ushers in a series of new regulatory, compliance and legislative changes that could potentially affect every small business.

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Payroll processor Paychex has released a list of the top 11 regulatory issues facing small businesses in 2011.

1. Tax changes – In 2011, businesses will confront the increasing complexity of the tax environment, including the implementation of a partial payroll tax holiday, the ability for businesses to expense 100 percent of their capital investments, and the retroactive extension of many temporary business tax incentives that expired at the end of last year.

2. Health care reform – A key aspect for 2011 is the provision providing business tax credits for small employers that purchase health insurance, which is effective for tax year 2010 and carries into next year. It provides, with some limitations and requirements, incentives for providing health insurance to employees. Grandfathering will remain an important component of health care reform. Health plans that existed on March 23, 2010 are grandfathered, meaning that they do not need to add many of the new protections under the health care reform law. To remain grandfathered, health plans cannot make any significant changes to the plan.

3. FSA plans – Effective 1/1/11, over-the-counter medicines and drugs other than insulin (i.e., aspirin) will no longer be eligible for reimbursement from a health flexible spending account unless the item is prescribed by a medical practitioner.

4. Unemployment Insurance rates/changes – Unemployment insurance funds in many states are at critically low levels due to the large numbers of people out of work for extended periods. Many employers will see a trend that promises to send state employer UI contribution rates higher in 2011 to replenish depleted UI trust funds and repay federal loans taken to allow states to continue to pay benefits.In addition, measures to reduce unemployment insurance fraud are in the works.

5. Employment law – The United States Department of Labor and many states have enacted or are considering measures to provide greater transparency to workers on the wages they are owed, especially in key areas such as minimum wage and overtime requirements, and to increase penalties on those who fail to pay their workers the compensation they are entitled.

6. 401(k) disclosures/target date funds – For employers offering 401(k) plans to their workers, regulations requiring disclosures pertaining to fees of the plan will be required; additionally, plans offering target date funds will likely see further disclosure requirements around those investments.

7. State budgetary challenges – Many states are facing critical budget shortfalls, and as such may contemplate impromptu tax or fee increases or filing changes to raise badly needed revenue. Additionally, many state agencies are reducing staff, which could result in processing delays for businesses requiring licensing or other state services.

8. Federal Trade Commission requirements – With the dramatic increase in the use of social media such as blogs, Facebook, and Twitter, the Federal Trade Commission has issued further regulatory guidance around the use of this media in advertising, especially regarding endorsements and misleading or dishonest product reviews. The agency has also recently proposed the creation of a “Do Not Track” tool for the Internet (similar to the telemarketing “Do Not Call” registry).

9. IRS enforcement – To help collect more tax revenue in this era of budget deficits, the IRS is ramping up its enforcement efforts in several areas. In 2010, the IRS kicked off an employment-tax audit program that will carry into 2011. These audits are focusing on employee misclassification, executive compensation, fringe benefits, and adherence to general employment tax filing requirements. Further, the IRS is accelerating efforts to increase tax compliance among employees who collect tips.

10. Privacy – Most states have instituted laws requiring businesses to notify customers (and, in some states, governmental authorities) when sensitive data is breached. Some states have enacted laws requiring that businesses have processes to adequately safeguard sensitive client data. Businesses handling protected health information are subject to additional requirements governing the protection of that data.

11. Employment verification/immigration – U.S. Immigration and Customs Enforcement continues to crack down on companies knowingly hiring undocumented aliens. Several different Congressional immigration reform proposals, which may present further employment verification obligations, are expected to get attention in 2011.

Weirdest Tax Laws of 2010 (From Accounting Today)

Sunday, December 26th, 2010

From hot air balloons to bagels, 2010 proved to be yet another year in which states and municipalities passed some strange tax laws in a desperate bid to raise revenues and close their budget gaps.
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The Tax & Accounting business of Thomson Reuters has compiled a sampling of some of the year’s quirkiest sales and use tax changes, emphasizing the importance of technology and expertise to help navigate the dynamic sales and use tax landscape.

A few of the “quirky” sales and use tax highlights of 2010 include:

• Candy without flour in Washington:  In June, Washington State enacted legislation that made candy without flour taxable. According to a list published by the Washington Department of Revenue, “Rainbow Whirly Pops” and “Lemon Drops” were taxable, but “Twizzlers” and “Peppermint Bark Shortbread” remained exempt. However, because the law caused so much confusion, and after push-back from voters and large candy makers, Initiative 1107 was passed, repealing the tax on candy effective Dec. 2, 2010.

• Belt buckles in Texas: Every year before it is time to go back to school, several states allow for a tax holiday on school supplies and clothing, with several oddities seemingly infiltrating the exemptions. In Texas, belts are exempt, but belt buckles are not. Cowboy boots and hiking boots are also exempt, but rubber boots and climbing boots are taxable.

• Bagels in New York:  In 2010, New York cracked down on its enforcement of the tax on prepared food, specifically targeting a New York staple: bagels. If you buy a whole bagel and take it home with you, it is exempt from tax. However, if you purchase that same bagel, but eat it at the bagel shop (even without cream cheese), bagel shops must charge sales tax on the purchase price. Apparently, the mere slicing of a bagel kicks your bagel purchase into a taxable transaction. As a result, New Yorkers are paying approximately 8 to 9 cents more per bagel.

• Cup lids in Colorado: Effective March 1, 2010, Colorado eliminated the exemption for non-essential food items and packaging provided with purchased food and beverage items. So, while cups are considered essential, lids are not.

• Hot air balloons in Kansas: On June 30, the Kansas Department of Revenue issued a private letter ruling discussing the taxability of hot air balloon rides. Kansas generally taxes sales of admissions to “any place providing amusement, entertainment or recreation services.” The question was not whether or not balloon rides are entertaining, but whether or not federal law pre-empts the imposition of state sales tax on sales of those rides. Under the Anti-Head Tax Act, 29 U.S.C. Section 40116, states and local jurisdictions are prohibited from imposing fees and charges on airlines and other airport users. The department determined that un-tethered balloon rides where the balloon is actually piloted somewhere “some distance downwind from the launching point” would be considered carrying passengers in air commerce and would be pre-empted by the law. However, state sales tax can be imposed on tethered balloon rides.

• Haunted houses in New York: According to TSB-A-10(11)S, admissions to haunted houses are subject to the New York sales tax.

13.4M People May Owe More Taxes Because of Making Work Pay Credit (from Accounting Today)

Monday, December 20th, 2010

Approximately 13.4 million taxpayers who received the Making Work Pay Credit that was included in the economic stimulus bill may end up owing taxes, according to a new government report.

The report, by the Treasury Inspector General for Tax Administration, found that overall the Internal Revenue Service implemented the credit as intended by Congress. However, because adjustments to the withholding tables did not take into consideration some taxpayer circumstances, such as single taxpayers who work more than one job, millions of taxpayers could end up owing more money on their taxes than they would without the credit.

In addition, the report estimates that approximately 108,000 taxpayers may have been assessed the estimated tax penalty by the IRS as a result of the credit, and an additional 1.02 million taxpayers may have had their estimated tax penalty amount increased.

The Making Work Pay Credit is likely to be replaced next year by a 2 percentage point decrease in Social Security payroll taxes, from 6.2 to 4.2 percent, if the Bush tax cut extension deal worked out by President Obama is signed into law.

Problems with the Making Work Pay Credit have been known since it began taking effect in 2009, but the estimate in the TIGTA report of the number of taxpayers affected is much larger than previously thought. Besides single taxpayers with more than one job, joint filers where both spouses work, or one or both of them have more than one job, have also found themselves owing more on their tax returns unless their withholding amounts were adjusted. Taxpayers who receive pension payments, and Social Security recipients who receive wages, are also among those who may be negatively affected by the credit, according to the TIGTA report.

The Making Work Pay Credit was included as an economic stimulus provision in the American Recovery and Reinvestment Act of 2009, also known as the Recovery Act. The credit is advanced to taxpayers by their employers through withholding reductions, which results in an increase in taxpayers’ take-home pay. The credit has been effective for tax years 2009 and 2010, but expires at the end of this year.

“The Making Work Pay Credit is a key tax credit designed to increase spending and stimulate the economy,” said TIGTA Inspector General J. Russell George in a statement. “However, many taxpayers who are accustomed to receiving refunds when they file their tax returns may have owed taxes and incurred penalties in 2009, and may yet again in 2010 because they were advanced more of the credit than they were entitled to claim. My office issued a report in November 2009 warning of this possibility and encouraging the IRS to increase outreach and waive penalties for taxpayers who may be negatively affected by the credit. We still believe further actions are needed to ensure no taxpayer is unfairly penalized.”

TIGTA performed an audit to assess efforts by the IRS to implement the credit, to evaluate the credit’s impact on taxpayers, and to determine if taxpayers who were negatively affected in 2009 were aware of how to avoid being negatively affected again in 2010.

TIGTA found that despite significant outreach efforts by the IRS, most taxpayers who appeared to have been negatively affected by the reduced withholding associated with the credit were not aware of the credit or its effect on their taxes.

TIGTA made two recommendations to the IRS in its report. The IRS agreed with the first recommendation and partially agreed with the second.

TIGTA recommended that the commissioner of the IRS’s Wage and Investment Division should consider including simplified withholding adjustment instructions on the IRS Web site for specific scenarios that could result in underwithholding, identify those taxpayers who owed any estimated tax penalty as a result of the Making Work Pay Credit, and notify them of the their right to have a portion of the penalty related to the credit abated.

IRS management agreed with the first recommendation and partially agreed with the second. Managers plan to continue their outreach efforts, but declined to contact taxpayers who owed any penalty based on the Making Work Pay Credit. TIGTA said, however, that it is concerned that the IRS’s corrective actions are not adequate.

Senate Passes Bush Tax Cut and Unemployment Extension (from accounting today)

Friday, December 17th, 2010

The Senate has passed a package extending the Bush-era tax rates for two years along with a 13-month unemployment extension.

The $858 billion bill, passed by a vote of 81-19, also temporarily patches the alternative minimum tax for two years to prevent it from spreading to millions more taxpayers, and cuts Social Security payroll taxes by 2 percentage points from 6.2 to 4.2 percent for a year. Under the bill, the estate tax would be reinstated at a rate of 35 percent for estates worth over $5 million for individuals and $10 million for couples.

“Preventing a tax increase is the best thing we can do for the economy right now,” said Senate Finance Committee ranking member Charles Grassley, R-Iowa, in a statement. “It’s common sense that you don’t raise taxes in a recession, including on employers in small business where 70 percent of new jobs are created.”

Other provisions of the bill would extend the American Opportunity Tax Credit for college tuition, as well as the Child Tax Credit and the Earned Income Tax Credit. The bill also includes several business friendly provisions, including bonus depreciation rules that would allow businesses to write off 100 percent of their investments in purchasing plant and equipment and many other types of capital expenses for a year.

The bill will now go to the House, where it is expected to pass eventually as well, although some House Democrats plan to introduce amendments to increase the estate tax rate.

Threats to Employees Top List of IRS Challenges (from WebCPA)

Wednesday, December 15th, 2010

Security for IRS employees is the top management challenge facing the Internal Revenue Service next year, according to a new government report.

The report, by the Treasury Inspector General for Tax Administration, noted recent attacks on IRS facilities and threats against IRS personnel, including an incident in which an irate taxpayer steered a small airplane into an IRS building in Austin, Texas.

“Due to recent events at IRS facilities and the potentially expanding role of the IRS, security has replaced modernization as the top challenge facing the IRS,” wrote TIGTA Inspector General J. Russell George. “Animosity towards the tax collection process is nothing new, but the Austin incident and other recent events point to a surge of hostility towards the federal government. The ongoing public debate regarding the recently enacted health care legislation may also lead to increased threats against IRS employees and facilities, underscoring the need for continuing vigilance in the area of physical security.”

The report also cited another challenge for the IRS: the tax-related health care provisions of the Patient Protection and Affordable Care Act. The IRS estimates that at least 42 provisions in the health care reform bill will either add to or amend the Tax Code and at least eight will require the IRS to build new processes that do not exist within the current system of tax administration.

TIGTA is required by the Reports Consolidation Act of 2000 to provide its perspective on the most serious management and performance challenges confronting the IRS for inclusion in the Treasury Department’s annual accountability report. The Treasury report can be found on the department’s website at www.treas.gov.

In its annual memorandum outlining the management and performance challenges the IRS must address for fiscal year 2011, TIGTA also listed the following challenges in order of priority: modernization; tax compliance initiatives; implementing health care and other tax law changes; providing quality taxpayer service operations; human capital; erroneous and improper payments and credits; globalization, taxpayer protection and rights; and leveraging data to improve program effectiveness and reduce costs.

House Democrats Pass Middle-Class Tax Cut Package (from Accounting Today)

Friday, December 3rd, 2010

House Democrats passed a tax cut package on Thursday aimed at extending the Bush-era tax cuts for taxpayers who earn below $250,000, but the prospects for passage in the Senate will depend on the deal worked out by a bipartisan group of four lawmakers and two Obama administration officials.

“Today the House took a critical step forward for hardworking middle-income families in need of economic certainty and security,” said House Ways and Means Committee Chairman Sander M. Levin, D-Mich., in a statement. “Republicans wanted to keep middle-income tax cuts hostage, to combine them with tax cuts for the wealthiest few, but today we freed millions of middle-income families from this hostage situation. This bill is about one thing – tax cuts for people and businesses struggling to rebuild in the wake of a recession. Provisions in this bill will lower taxes for every American taxpayer and small business to help them grow and create jobs. Today the House did the right thing and stood up for those families and businesses and I urge my colleagues in the Senate to follow suit and pass this tax relief immediately.”

However, Republican lawmakers dismissed the Democrats’ bill as a political stunt. “I’m trying to catch my breath so I don’t refer to this maneuver going on today as chicken crap, all right?,” said House Minority Leader John Boehner, R-Ohio, during a press conference, according to the Associated Press.

The vote was 234-188, with 20 Democrats joining nearly every Republican in opposing the bill.

On Wednesday, Senate Minority Leader Mitch McConnell, R-Ken., delivered a letter from all 42 Senate Republicans to Senate Majority Leader Harry Reid, D-Nev., stating that they would not allow any other legislation to proceed until they have passed votes to protect every taxpayer from a tax hike and to continue funding government operations.

“We write to inform you that we will not agree to invoke cloture on the motion to proceed to any legislative item until the Senate has acted to fund the government and we have prevented the tax increase that is currently awaiting all American taxpayers,” they wrote.

The bill passed by House Democrats on Thursday addresses not only the expiring Bush income tax cuts, but also other issues such as a two-year patch to prevent the alternative minimum tax from spreading to another 25 million families, as well as capital gains and dividend taxes, the so-called “marriage penalty,” education tax credits, the adoption tax credit, employee tax credits for child care, enhanced small business expensing and other items (see Democrats Introduce Middle-Class Tax Cut Package).

Obama Meets with Congress on Bush Tax Cuts (from Accounting Today)

Wednesday, December 1st, 2010

President Obama met with congressional leaders on Tuesday to discuss the fate of the Bush tax cuts, along with other tax extender items and the extension of unemployment benefits.

“I’m happy with how the meeting went,” he said at a press conference.

He noted that the public wants the leaders to focus on jobs and confront long-term deficits instead of getting “locked up in the politics of Washington.”

He said that he and congressional leaders had a “new dialogue” that he hoped would begin that day to “break through the noise,” but added that things “need to get done” in the few weeks left before Congress leaves town for the holidays.

“We should work to make sure that taxes do not go up by thousands of dollars on hard-working middle-class families come January 1, which would be disastrous for those families but also could be crippling for the economy,” he said. “There was broad agreement that we need to work to get that resolved before the end of the year. Now, there are still differences about how to get there.”

He added that one of the points of disagreement was extending the tax cuts for the wealthiest Americans. “Republican leaders want to permanently extend tax cuts not only to middle-class families but also to some of the wealthiest Americans at the same time,” said Obama. “And here we disagree. I believe, and the other Democrats who were in the room believe, that this would add an additional $700 billion to our debt in the next 10 years. And I continue to believe that it would be unwise and unfair, particularly at a time when we’re contemplating deep budget cuts that require broad sacrifice.” But he added that the participants in the meeting agreed that there must be some sensible common ground.

Obama said he has appointed Treasury Secretary Tim Geithner and White House Budget Director Jack Lew to “break through this logjam,” and he asked the congressional leaders to appoint members to help with the negotiation process. That process is beginning right away, he added.

“We expect to get some answers back over the next couple of days about how we can accomplish our key goal, which is to make sure the economy continues to grow and we are putting people back to work,” he said. “And we also want to make sure that we’re giving the middle class the peace of mind of knowing that their taxes will not be raised come January 1.”

Obama noted that he also discussed other issues with the congressional leaders, including preserving a number of other tax breaks for individuals and businesses that are helping with the economic recovery right now and that are set to expire at the end of the year. That includes a tax credit for college tuition, as well as the Making Work Pay tax credit — which Obama noted affected 95 percent of working families and that he initiated at the beginning of his presidency — as well as the HIRE Act tax cut, which is worth thousands of dollars for businesses that hire unemployed workers.

Obama noted that they had also discussed the new START treaty with Russia on reducing the two countries’ nuclear arsenals. “I reminded the room that this treaty has been vetted for seven months now; it’s gone through 18 hearings; it has support from senators of both parties; it has broad bipartisan support from national security advisors and Secretaries of Defense and Secretaries of State from previous administrations, both Democrat and Republican; and that it’s absolutely essential to our national security,” he said. “We need to get it done.”

Obama said they had also talked about the work of the bipartisan deficit reduction commission and the “difficult choices that will be required in order to get our fiscal house in order.”

“We discussed working together to keep the government running this year – and running in a fiscally responsible way,” he added. “And we discussed unemployment insurance, which expires today. I’ve asked that Congress act to extend this emergency relief without delay to folks who are facing tough times by no fault of their own.”

Obama admitted that none of these negotiations would be easy. “We have two parties for a reason,” he said. “There are real philosophical differences – deeply held principles to which each party holds. And although the atmosphere in today’s meeting was extremely civil, there’s no doubt that those differences are going to remain no matter how many meetings we have. And the truth is there’s always going to be a political incentive against working together, particularly in the current hyper-partisan climate. There are always those who argue that the best strategy is simply to try to defeat your opposition instead of working with them.”

He said that he held a private meeting without his staff present in which the congressional leaders said they would commit to working together to try to deal with the various problems without working “the Washington spin cycle.”

“They understand that these aren’t times for us to be playing games,” he said. “As I told the leaders at the beginning of the meeting, the next election is two years away, and there will be plenty of time for campaigning. But right now we’re facing some very serious challenges. We share an obligation to meet them. And that will require choosing the best of our ideas over the worst of our politics.”

Obama added that he looked forward to holding additional meetings, including at Camp David, noting that Senate Majority Leader Harry Reid, D-Nev., told him he had never been invited to Camp David before. “So I told him, well, we’re going to have to get them all up there sometime soon,” said Obama. “And I very much appreciate their presence today. I appreciate the tenor of the conversations. I think it will actually yield results before the end of the year, and I look forward to continuing this dialogue in the months ahead.”

Senate Minority Leader Mitch McConnell, R-Ken., said before the meeting he also thought the two sides could find agreement. “There’s no reason we shouldn’t be able to reach an agreement on taxes soon,” he said. “It’s unclear how long our friends across the aisle will continue to resist the message of the election and cling to the liberal wish list that got us a job-killing health care law, a `cap-and-trade’ national energy tax, an out-of-control spending spree, million more jobs lost, trillions more in debt, but not a single appropriations bill to fund the government or a bill to prevent the coming tax hikes.

“With just a few weeks left before the end of the year, they’re still clinging to the wrong priorities — instead of preventing a tax hike, they want to focus on immigration and Don’t Ask Don’t Tell — and, maybe, if there’s time left, see what they can do about jobs and the economy,” McConnell added. “Indeed, their entire legislative plan for the rest of the lame duck session appears to be to focus on anything except jobs — which is astonishing when you consider the election we’ve just had. Republicans aren’t looking for a fight. We’re appealing to common-sense and a shared sense of responsibility for the millions of Americans who are looking to us to work together not on the priorities of the left, but on their priorities. And those priorities are clear. Together, we must focus on the things Americans want us to do — not on what government wants Americans to accept. There is still time to do the right thing. The voters want us to show that we heard them, and Republicans are ready to work with anyone who’s willing to do just that.”

House Minority Leader John Boehner, R-Ohio, who is expected to become Speaker of the House in January, gave his conditional support after the meeting, “It’s encouraging to see President Obama acknowledge that the American people want us to focus on creating jobs and cutting spending, but now it’s time to act,” Boehner said in a statement after the meeting. “If President Obama and Democratic leaders come up with a plan in the lame-duck session to cut spending and stop all the tax hikes, they can expect a positive response from Republicans. If the lame-duck Congress is unable or unwilling to act, the new House majority will in January.”

Boehner also noted that President Obama has asked congressional leaders of both parties to select lawmakers to meet with administration officials in the coming days regarding the looming tax hikes scheduled to take effect on January 1. Boehner announced that Ways and Means Committee Ranking Member Dave Camp, R-Mich., would be the House GOP designee in these discussions.

Boehner added, “We appreciate President Obama’s interest in having informal discussions on stopping all the tax hikes, and we hope these talks are productive. At the same time, this is no substitute for action. Republicans made a pledge to America to cut spending and permanently stop all the tax hikes, and that’s exactly what we’re fighting for.”