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Business Tax

The 199A Real Estate Rental Safe Harbor Provision and You

October 30, 2019 by Admin

realtor holding keysThis addition to the Internal Revenue Code allows taxpayers to deduct 20 percent of any Qualified Business Income they receive during a tax year. But the exact definition of QBI had long been uncertain. IRC Section 162 states that a trade or business “generally includes any activity carried on for the production of income from selling goods or performing services.”

That’s not a very helpful definition, especially in the real estate ownership context. IRS Notice 2019-07 substantially clarified the picture. It establishes a safe harbor for real estate rental income. If such money meets the 2019-07 test, it is automatically QBI. However, the safe harbor provisions are still rather subjective, and there are some limitations.

Certified tax coaches may provide the information you need in these situations. These professionals help navigate the Tax Code’s complex provisions.

Specific Requirements

Instead of the income itself, or the property itself, the real estate safe harbor provision focuses on the landowner’s activities. If the owner spends at least 250 hours a year on rental activity, any income from that property is QBI and eligible for the 20 percent deduction. Rental activity includes things like:

  • Making the property available for rent or lease
  • Advertising the opening
  • Verifying rental application information
  • Negotiating lease terms
  • Executing completed leases
  • Collecting rent
  • Managing the property
  • Supervising employees or contractors

The owner can delegate these functions to partners, employees, or independent contractors. So, if the owner hires a part-time maintenance worker who spends Saturday mornings fixing sprinkler heads, servicing tenant appliances, and so on, those 200 hours count toward the 250-hour minimum.

Property procurement, improvement, and investment activities specifically do not count as rental activities. Time spent commuting to and from the property does not count toward the 250-hour minimum either.

There are also some exclusions. Owner-occupied property, even if it was only for one day in the year, never qualifies for the 199A income deduction. Triple net lease property (the tenant pays rent, utilities, taxes, and insurance) never qualified either.

Practical Considerations

For the most part, multi-unit property usually qualifies for the safe harbor allowance. It does not matter if the property is residential or commercial. It also does not matter if the owner intends to sell the property or move into it at a later date.

Single-unit property probably will not qualify. It’s very difficult to meet the hourly requirement in these situations. 250 hours is over six weeks of full-time work. Additionally, the aforementioned residency and lease restrictions often apply.

Contact a certified tax coach near you to learn more about the QBI deduction.

Filed Under: Business Tax, Certified Tax Coach

5 Steps to the Successful Multi-Office Business

June 30, 2019 by Admin

Sorenson & Company Business TaxYour company is expanding — and that’s great! You’ve grown from one office to two, three, or even more. But you need to be able to manage all of them to continue to grow. Click through for some help in multi-office management.

Each new office seems deserving of all your time, but there are still your existing offices, whose need for attention hasn’t diminished. Building, disseminating and maintaining a cohesive business strategy across multiple sites is a challenge, but you need to get it right to continue to be successful.

Step one: Information needs to be shared.

This means that no one is behind on information, and you create a sense of community. Technology makes this happen because it allows immediate, widespread communication. You must ensure that there is one main method of digital communication — inconsistently used initiatives quickly become difficult to manage effectively. Use the one tool that works well and commit to communicating relatively frequently through it. You may want to send a brief weekly email newsletter to all staff. The tricky part is working across time zones, so if possible, send official communications when all offices are open.

Step two: Your leadership team is your greatest asset.

Employing an excellent senior management team to undertake communication on the company’s behalf is as important as digital communications. Have a senior management team member assist in running the firm, coordinating each office to provide local leadership. It’s wise to have a strong chain of command and a team that integrates as much as possible with each other to keep everyone informed about work across the company. Strong departmental management complements the businesswide strategic vision.

Step three: Timing is everything.

It’s essential to maintain a top-level presence across all offices and to be a recognizable face to all employees. If your company is based in one region, try to visit each office every month. If your firm is spread across the country, visit every two or three months. Time your visits within a week of each other and give a little more attention in your weekly email newsletter to any office that hasn’t been visited in a timely manner.

It makes sense to prioritize visits according to the size of the office, while maintaining a high level of inclusion in digital communications to show staff that they are highly valued.

Step four: Integrate wherever possible.

Encourage cross-office collaboration to develop a wider understanding of the business as a whole. It’s healthy to work with a number of different people and conducive to caring about the business beyond each office’s four walls. One means of doing this is to give staff opportunities to shape the company’s image, such as by participating in brand workshops or to be personally involved in company improvements.

Step five: Don’t be afraid to try something new.

Always try new things and commit to change. What suits one business may not suit another. Be prepared to innovate to find what works for you. That’s why building a personal relationship with as many employees as possible works — you’re giving people a chance to mix with others they would never normally work with.

Don’t forget the value of old-fashioned face time among and across teams. By encouraging this, you will contribute to successful integration and a corporate culture across geographies. Local offices need to be held accountable for quality control, scheduling and improving systems, and such efficiencies may work companywide.

All of this can seem like a lot of hard work, but splitting time between offices and building a system of shared information is crucial to the overall success of multi-office businesses. By trying to achieve equilibrium, you create a happy workforce that delivers the best results.

Call Sorenson & Company, CPA at 801-553-1120 to schedule your free consultation today and learn how we can reduce your taxes.

Filed Under: Business Tax

Above-the-Line Deductions: Can You Benefit?

April 27, 2019 by Admin

Sorenson & Company, CPAAny deductible expense is useful because it reduces the amount of income subject to tax. But for individual taxpayers, deductions that can be claimed in arriving at adjusted gross income (AGI) — referred to as “above-the-line” deductions — are especially significant. By lowering AGI, above-the-line deductions increase your chances of qualifying for various other deductions and credits.

Alimony. Generally, payments are deductible if they were made in cash pursuant to a divorce or separation instrument. Other requirements may apply.

Traditional IRA contributions. Contributions of up to $5,500 ($6,500 for individuals age 50 or older) to a traditional individual retirement account (IRA) are potentially deductible on your 2015 return. AGI-based limitations apply if you (or your spouse) are an active participant in an employer-sponsored retirement plan.

Rental property/trade or business expenses. Expenses associated with property held for the production of rents are deductible above the line on Schedule E, whereas sole proprietors deduct their trade or business expenses above the line on Schedule C.

Student loan interest. Taxpayers may deduct up to $2,500 of interest expense on qualified higher education loans, though phaseouts apply to those at higher levels of modified AGI.

Moving expenses. Subject to certain requirements, a taxpayer who moves as a result of a change in his or her principal place of work may deduct certain costs of moving and traveling to the new residence.

Health savings account contributions. The 2015 deduction limits are $3,350 for those with self-only coverage under an eligible high-deductible health plan and $6,650 for those with family coverage. An additional $1,000 deduction is available to those 55 and older who are not enrolled in Medicare.

Self-employed taxpayers. The self-employed also may be able to deduct retirement plan contributions, qualified health insurance premiums, and a portion of their self-employment taxes.

For more help with individual or business taxes, connect with us today. Our team can help you with all your tax issues, large and small.

Request your free consultation today by calling Sorenson & Company, CPA at 801-553-1120. As a thank you gift for scheduling your consultation, we’ll provide a free book, The Great Tax Escape.

Filed Under: Business Tax

Tax Deductions when Paying for Your Child’s College Education

March 28, 2019 by Admin

Sorenson & Company, CPAAll those reports about the high cost of college can seem somewhat abstract until your child is ready to enroll. Then, paying for college becomes personal. If you currently have a college student (or prospective student) in your family, you’ll want to make use of all available tax breaks to help ease the financial burden.

Scholarships

Generally, scholarships are tax free as long as your child is a degree candidate at an accredited institution (certain other requirements apply) and the money is used for tuition, fees, books, supplies, and equipment required for coursework.

In contrast, scholarships your child receives as payment for teaching, research, or other services are taxable. So are scholarships used to cover room and board, travel, or optional equipment-related expenses.

What happens if an award covers both tuition and room and board? In that case, the amount used for tuition will be tax free, while the amount used for room and board will be taxable income.

529 Plan Withdrawals

If savings in a Section 529 qualified tuition program are used to pay college expenses, the withdrawals may be fully or partially tax free. Taxability hinges on the account beneficiary’s “adjusted qualified education expenses” for the year. To arrive at this figure:

  • Add together the costs of tuition and related fees, equipment required for enrollment or attendance, room and board (if student carries at least half of a full-time course load), and books and supplies.
  • Subtract costs covered by tax-free educational assistance (e.g., scholarships, fellowships, and Pell grants) and costs used to claim the American Opportunity or Lifetime Learning tax credit.

Annual withdrawals are tax free provided they are no more than the student’s adjusted qualified education expenses. Otherwise, the portion of the withdrawn amount attributable to account earnings will be fully or partially taxable.

Education Credits

Two tax credits are available for the payment of qualifying higher education expenses, including tuition and certain related expenses such as books and other required course materials. The most generous of the two, the American Opportunity Tax Credit, is available for any of a student’s first four years of college. The credit can be as much as $2,500 per student. The second credit, called the Lifetime Learning Credit, is available for each year of post-secondary education, including graduate school and eligible job training. The maximum credit is $2,000 per taxpayer return. It’s not possible to claim both credits for the same student’s expenses for the year.

The education credits are reduced or unavailable if adjusted gross income (AGI) exceeds specified limits. Ask us for the 2017 amounts.

Don’t deal with tax issues on your own. Call us right now to find out how we can provide you with the answers you need.

Request your free consultation today by calling Sorenson & Company, CPA at 801-553-1120. As a thank you gift for scheduling your consultation, we’ll provide a free book, The Great Tax Escape.

Filed Under: Business Tax

Are You Facing a Large Capital Gain? Avoid it With a New Tax Break

February 27, 2019 by Admin

Sorenson & Company, CPA - Sandy UTAre you concerned about being stuck with large capital gain in 2018? What if there was a way to avoid it this year? How about for the next 10 years?

If you’re facing beefy tax payments because of capital gains, a new tax break may be worth exploring. The program is part of the Tax Cuts and Jobs Act. It’s called the Opportunity Zone Tax Incentive, and along with saving you money, it’s true purpose is to promote investors to push money into low-income areas to increase their value.

Where Are These Opportunity Zones Located?

An Opportunity Zone is a community nominated by the state and certified by the Treasury Department as qualifying for this special program. Approximately 8,700 Opportunity Zones qualify nationwide. All 50 states have certified zones that qualify, as do Washington DC and US territories.

How Does The Program Work?

Taxpayers who wish to take advantage of this program because they are facing large capital gain after the sale or exchange of appreciated property have a limited amount of time in which to take action. They have 180 days from the date of the sale or exchange to invest into a Qualified Opportunity Zone Fund. The fund is a vehicle organized as a corporation or a partnership for the purpose of investing in qualified opportunity zone property.

What happens to the return of principal? Taxpayers may reinvest it along with recognized capital gain. Only the portion attributable to the capital gain will be eligible for the tax exemption on further appreciation of the Opportunity Zone Investment.

Is the Opportunity Zone Fund Similar to Other Investments?

Just as in other investments, the value of an Opportunity Zone Fund investment may increase or decrease over the holding period. The investor may pay income on this investment. Keeping in mind that the purpose of the program is to improve designated low-income areas, the fund is expected to continue investing in the improvement of the property.

What About Cash Flow?

Once the property improvements are complete, the property may be leased or sold to third parties. At this time, cash flow may occur.

Are There Any Risks?

Investing in The Opportunity Zone Tax Incentive may or may not have risks associated. It’s new, and the IRS and Treasury Department are still gathering information on how the fund will work over time. Because of this, the level of risk is difficult to assess. However certain potential risks have been identified.

Among other things, risks may include market loss, liquidity risk, and business risk. Before you make any plans, note that investment in the new tax incentive may or may not be appropriate in your case. It’s best to consult with a tax professional to determine it it’s a fit for you.

Request your free consultation today by calling Sorenson & Company, CPA at 801-553-1120. As a thank you gift for scheduling your consultation, we’ll provide a free book, The Great Tax Escape.

Filed Under: Business Tax

What is Qualified Business Income (QBI) and Why Does It Matter?

January 16, 2019 by Admin

Business Tax - Sorenson and Company, CPAThe new Section 199A provides self-employed taxpayers the ability to deduct up to 20% of their Qualified Business Income (QBI) on their tax returns. In general, QBI is net income that is received from a Qualified Trade or Business. However, there are some exclusions, the most common of which are capital gains, dividend and interest income. Additionally, any guaranteed payments or “reasonable compensation” paid to owners is excluded.

How Does the New Tax Law Define QBI?

Section 199A(c) defines QBI as, “the net amount of qualified items of income, gain, deduction, and loss with respect to any qualified trade or business of the taxpayer.” The section further states that qualified REIT dividends, qualified cooperative dividends, and qualified publicly traded partnership income are specifically excluded from the definition of QBI.

What are “Qualified Items of Income, Gain, Deduction, and Loss?”

Qualified items of income, gain, deduction, and loss are defined as items that are connected with a trade or business that is operated in the United States and are generally included or allowed when a business determines its taxable income for the year. However, there are items that are specifically excluded:

  • Short-term capital gains and losses
  • Long-term capital gains and losses
  • Dividends
  • Interest income
  • Foreign personal holding income
  • Income from an annuity if not received in connection with the business

These items may not be income or deductions for purposes of calculating QBI. A basic method of viewing QBI is “ordinary” income less “ordinary” expenses. In other words, investment gains and expenses are not QBI for Section 199A purposes.

Reasonable Compensation and Guaranteed Payments

In addition to the items discussed above, any reasonable compensation paid to the taxpayer by the business, including guaranteed payments, is not QBI. For example, if you receive $50,000 in wages from an LLC that you own and your share of income at the end of the year is $100,000 – only the $100,000 would be considered QBI.

Contact Sorenson and Company, CPA, today at 801-553-1120 to schedule your free consultation and learn about our unique tax reduction services. As a thank you for scheduling your consultation, we’ll provide you with a free book, The Great Tax Escape.

Filed Under: Business Tax

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