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An IRS Processing Delay Benefits a Taxpayer

December 31, 2010 by admin Leave a Comment

Suppose you knew you owed some tax. And suppose the IRS agreed that you owed the tax.

Now suppose you paid the tax but the IRS returned the check and told you to keep the money.

Would you:

  • Faint?
  • Pinch yourself?
  • Look for a hidden camera?
  • All of the above?

 

That is essentially what the IRS told an unnamed taxpayer in a letter made public Dec. 30, 2010.

Normally, the IRS has three years after you file your return to assess additional tax, and normally you have the same three-year period to request a refund. The facts in the letter indicate that the taxpayer filed an amended return and paid the additional tax a few days after the three-year period expired. Actually, the taxpayer mailed the amended return on the last day of the period; but the IRS received it a few days later.

The IRS said that, because they received the money too late, they could not keep it.

This ruling can set up an ethical dilemma. Suppose you discover, after the fact, that you should have paid more tax. Would you file an amended return? Or would you wait out the three years, hoping the IRS doesn’t notice?

Filed Under: Construction News, Dealer News, Not-For-Profit

How To Manage Costs in Tough Times

December 30, 2010 by admin Leave a Comment

As top lines shrink and gross profit margins decline, contractors find themselves challenged not just to make money but simply to survive.

Major uncertainties have almost everyone holding on to cash and reluctant to grow. So how do you stay afloat? Here are some ideas.

Control administrative costs

Construction company owners and managers must control administrative costs. Every line item is in play, and every expense has to be needed, not just wanted. Starting points include eliminating discretionary items such as bonuses, profit sharing contributions, some travel and entertainment, company cars and other perks.

Tougher cuts involve more traditional benefits, like reducing the company’s portion of employee health insurance, the number of holiday or vacation days paid and even days or hours worked each week. Four-day workweeks are becoming more common. Even letting certain – perhaps long-term – employees go may be warranted.

In making cuts, it is important to consider how remaining employees perceive such actions. Would they rather have across-the-board pay cuts and reduced hours, or would cutting the number of staff be preferable? Some staff cuts may mean more work for those who are left.

Employee morale matters even more in lean years. You will be asking the staff you keep to make sacrifices. They need to know that you are acting in their best interest if you are to keep them with you both now and in the future.

One way to help ensure that employees properly perceive such actions is for owners to make sacrifices themselves. While all employees will know that owners’ incomes are down because of decreased work volume, they generally will not know how much.

Communicating to employees that the owners have also cut their take-home pay should help employees view such actions as fair and reasonable.

Some owners have stopped their salaries altogether. However, if their companies are S corporations, they must do this carefully. They could run afoul of IRS requirements for owners to take a W-2 and not just distributions.

Control job costs

Limit equipment acquisitions to only what you absolutely must have or need in an emergency. You do not want any more debt in a poor economy.

Those contractors whose balance sheets have been scrubbed clean of debt typically have an easier time weathering economic storms. Not only do they not have the related principal and interest payments, their very future is not dependent on meeting restrictive debt covenants that banks are much less willing to waive in today’s banking climate.

Banks are putting contractors out of business today by not waiving debt covenant violations.

Effective job cost management means controlling costs to complete and making sure that open jobs do not experience profit fade.

Profitable contractors often have net overbillings at year-end and experience profit gain. Sureties gain a sense of assurance that these contractors know how to run jobs profitably and are more willing to give them the bonding they need.

Contractors who consistently experience profit fade get axed by sureties, especially today. They do not have a good handle on how their jobs are doing, in part, because they do not closely monitor job profit.

Reconciling monthly financial statement income with gross profit from all jobs – completed contracts, contracts in progress and time and material jobs – on an Earnings from Contracts statement is crucial to knowing why you are, or are not, making money.

Look back at ‘the way we were’

Perhaps the best way to gauge how much cutting and what kind of cuts are necessary is to look back to when your company’s volume was about equal to what it is now.

If you made money in 2002 on the same volume of work you are performing now, then you may want to use that year as a guide for how many employees and what kind of overhead you can support.

Filed Under: Construction News

990 Return – Turn a Burden into a Marketing Benefit

December 30, 2010 by admin Leave a Comment

The annual 990 Information Return, required by the IRS, can be an opportunity for your not-for-profit organization to market itself. With the new disclosure requirements, the 990 provides many areas for your organization to explain its mission, activities, new services, and accomplishments. As a public document, this new expanded version is often reviewed by potential donors and sponsors to decide which organizations deserve their contributions and grant support.

The requirement for submission of a full 990 return has been phased in over a 3 year period. All organizations with annual gross receipts of $200,000 or more and/or assets of $500,000 or more are required to file the full 990 return for the 2010 return year, meaning most not-for-profit originations will be included in the new 990 by 2010. While the full 990 requires more detail and disclosure, i.e. more time to complete, it also provides the organization with an opportunity to more fully explain its organization and operations to the donating public. In fact, the IRS and not-for-profit monitoring groups encourage donors to review the publicly available 990 before donating to a specific organization.

Specific areas where your organization has the opportunity to market itself in the 990 Information Return:

  • Part I: Significant activities can be used to emphasize the organization’s community services and accomplishments, including the number of people in the community who have benefitted from these services. It also provides the potential to explain how the organization sees itself serving the community in the future with expanded services and outreach.
  • Part I: Number of volunteers allows the organization the platform to demonstrate the number and types of volunteers that presently facilitate the organization’s activities through in-kind donation of services.
  • Part III: Organization’s Mission is the chance to tell donors what you are all about. If the organization’s mission statement is outdated or inaccurate for your current activities, revamp it to reflect your organization’s current mission. Donors will compare your mission with their own ideas related to the public good in deciding how to allocate their charitable giving dollars.
  • Part III: New Program Services are often funded by charitable foundations that will fund new programs or activities of established not-for-profits before they will provide support for new organizations without a proven track record or simply fund operational shortfalls of old organizations.
  • Part III: Changes in Programming: Funding sources are looking for organizations that are able to revise their programs in response to feedback from the clients they serve. Quality of service and response to changing client needs are important.
  • Part III: Exempt Purpose Achievement should be used to provide detail for each of your organization’s programs, including the number of people served, and results you may have from client satisfaction surveys, and emphasis on the quality of services your provide. All achievements listed should relate directly to your mission statement. If they don’t, your mission statements may need further revision.

 

There are no established guidelines about the length of an organization’s narrative explanations in its 990 return so use these opportunities to provide as much detail as possible to persuade donors and funding sources that your organization is a good investment for their charitable giving time and dollars.

Filed Under: Not-For-Profit

Seasonal Workers May Bring Tax Credits

December 12, 2010 by admin Leave a Comment

Many contractors regularly lay off construction workers during the winter, only to rehire – often the very same workers – when construction work picks up in the spring. Some of these new hires should qualify for a new tax credit, available only for 2010.

Since the credit is available for employees hired earlier in the year, employers should review all employees hired since early February to determine eligibility.

As part of its effort to encourage businesses to hire the unemployed, Congress passed the Hiring Incentives to Restore Employment (HIRE) Act earlier this year. Businesses that hire eligible employees receive a payroll tax credit to offset the employer’s share of the Social Security tax (6.2 percent) on wages paid between March 19, 2010, and Dec. 31, 2010.

Who qualifies for the new HIRE credit?

To qualify for the credit, the newly hired employee must meet four tests. The employees:

  • Must be hired – or rehired – after Feb. 3, 2010, and before Jan. 1, 2011.
Seasonal worker
  • Must have been unemployed for the 60 days prior to being hired. An employee meets this test if he or she worked 40 hours or fewer during that 60-day period.
  • Cannot have been hired to replace a terminated employee unless the former employee voluntarily separated or was separated for cause, including downsizing.
  • Must provide the employer with a statement certifying he or she was unemployed for the prior 60-day period.

 

The credit is available for employees only. It is not available for hiring independent contractors or self-employed persons. Certain relatives and business owners do not qualify for the credit.

There is no requirement that the qualified employee had received unemployment benefits. So students, recent graduates and first-time job seekers qualify for the credit. There is no minimum age requirement.

The IRS may closely examine situations that have the potential for abuse. In particular, it will want to verify that employment actually terminated and that the employee was not on temporary furlough.

For example, a company that claims a credit for an employee who is laid off and rehired 61 days later could expect an IRS review. However, if the layoff takes place because of the normal seasonal fluctuations in the business cycle – or if the layoff occurred before passage of the HIRE Act – the employer should be able to demonstrate that the layoff and rehiring were not steps in a tax-evasion plan.

After 52 weeks of employment, the HIRE Act provides an additional income tax credit equal to the lesser of $1,000 or 6.2 percent of the compensation paid to the employee during the 52-week period.

To qualify for the additional credit, the employee’s compensation during the second 26 weeks of the period must be at least 80 percent of that employee’s compensation during the first 26 weeks.

It is unlikely that many seasonal employees will qualify for the additional credit. Newly hired permanent employees are more likely to qualify.

How much money could be saved if hiring unemployed workers?

Creative Construction Company hires 10 construction workers during 2010. All of the workers provide the company with a certification that they meet the requirement of having been unemployed during the 60 days leading up to their hiring by CCC.

All workers were hired after Feb. 3, 2010. The workers earn an average of $1,000 per week for 30 weeks beginning in the spring of 2010 and ending in the fall of 2010.

CCC is entitled to a payroll tax credit of $18,600, calculated as follows:

Average weekly compensation per worker $ 1,000
Average number of weeks worked in 2010 30
Average qualified compensation per worker $ 30,000
HIRE credit rate 6.2%
Average credit amount per worker $ 1,860
Number of qualified workers 10
Total credit for CCC $ 18,600

 

Note that CCC is entitled to the credit, even if a worker does not remain employed with the company. The credit is calculated based on the amount of compensation actually paid to the worker during 2010.

Filed Under: Construction News

THE FIX IS IN – OR SHOULD IT BE CUT OUT?

November 1, 2010 by admin

This is an article specifically aimed at dealers who also have a related finance company (RFC). In operating a Buy Here – Pay Here (BHPH), it is often a struggle to have customers pay the money owed on their note when their vehicle malfunctions. If your customer can pay a little each week toward the repair (which will keep the account in good standing), it may seem to make sense to roll the cost of the repair into the installment note. But if you do this, you tread on thin ice with the IRS. [Read more...]

Filed Under: Dealer News

INDEPENDENT CONTRACTOR OR EMPLOYEE?

November 1, 2010 by admin Leave a Comment

The question of whether a worker is an independent contractor or an employee is a complex issue. The definition of an independent contractor is derived from court cases rather than from the tax code. This is the reason that it can become very “grey.” Recently, company audits by governmental agencies have increased at both the state and federal levels. [Read more...]

Filed Under: Dealer News

Controls to Prevent Fraud in your Dealership

November 1, 2010 by admin Leave a Comment

Don’t Lose Your Asset(s)

All dealers have had to tighten their belts over the past couple of years. As a result there are many dealers who have minimal staff performing jobs that may be incompatible from a controls standpoint. This can have a significant impact on the way you manage your business as well as the opportunity that employees have to steal from you. [Read more...]

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Filed Under: Dealer News

Tax Court Rules on Residence Question

October 28, 2010 by admin Leave a Comment

A recent Tax Court case denied the exclusion of gain on the sale of a principal residence to a married couple because they had never lived in the home before selling it.

In 1996, David and Christine Gates hired an architect to help them remodel and enlarge their home, a home that David had purchased in 1984 and that they had shared since their 1989 marriage. The architect advised David and Christine that more stringent building and permit restrictions had been enacted since the original house was built.

Tax Court

In 1999, the couple decided to demolish the original structure and constructed a new three-bedroom house on the property. On April 7, 2000, without actually moving in, David and Christine sold the new home for $1.1 million. The sale resulted in a $591,406 gain.

The couple agreed that $91,406 of the gain should be taxed. However, they asserted that the remaining $500,000 was excludable as gain from the sale of property that they had occupied as their personal residence for at least two of the five years preceding the sale.

A divided Tax Court concluded that, since neither David nor Christine had actually occupied the new home, they failed to meet the two-out-of-five-year test and the entire gain was taxable. David A. and Christine A. Gates vs. Commissioner, 135 T.C. No. 1, July 1 2010. T.C.

Filed Under: Construction News

QUALITY, PROFESSIONAL SERVICES

October 28, 2000 by admin

At Potter & Company, we pride ourselves on providing quality professional service to our clients. We dedicate extensive resources to maintaining and improving our knowledge to help solve our clients’ business and tax needs, Each year, all team members receive extensive continuing education in various aspects of accounting and related legal issues.

Filed Under: Partners

KNOWLEDGE + POWER = POTTER

October 27, 2000 by admin

Potter & Company has a team of 30 experienced and knowledgeable professionals ready to solve financial and tax issues for our clients. We pledge to provide existing high quality accounting services with extensive financial planning and consulting services and to respond to our clients’ needs with prompt answers and practical solutions.

Filed Under: Partners
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