The Ghosts of 1099s Past

I always imagine Big Brother as being a show on CBS or a mysterious eye in the sky that is tracking our every move for a nefarious purpose.  Turns out, the Internal Revenue Service is starting to slip more and more into this role of Mr. Grand Oversight…which is often at the cost of the American taxpayer.

When you file your 2011 tax return, there will be a bunch of new questions and line items if you file a Schedule C (because you’re self-employed), a Schedule E (because you own a rental property – residential or commercial) or any business return (1120, 1120S or 1065).  One in particular is going to make you very mindful of your compliance requirements with paying individuals as independent contractors: “Did you make any payments in 2011 that would require you to file Form(s) 1099?”  Let’s not forget the follow up question “Did you file the 1099s?”

“What does that even mean?”, you ask.  Well, let’s say I own a little duplex that I rent out to some folks.  If I paid Joe the Plumber more than $600 to help fix the toilets and other plumbing, I have to file a 1099 for him.  That means, I need his official name, address and social security number.  Sound fun?  Probably not.  And if you think you can just answer no and outsmart the tax man, you’ve willfully lied to the IRS.  Nothing like a $250 penalty for intentionally not filing the 1099s on top of the $30 – $100 PER 1099 penalty!  For illustrative purposes, if you had to file 3 1099s but intentionally didn’t, your penalty will range between $340 and $550.  Talk about an effective budget bolsterer!

How do you avoid getting drained dry by non-filing penalties?  Do your personal due diligence and actually file the 1099s!  Some contractors are reluctant to give you the information necessary to file the 1099s, so make it your personal policy to require a Form W-9 (link below) to be filled out prior to paying them.  When you’re holding a couple of hundred bucks from someone, it’s amazing how motivated they are to pay you.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

Even if you don’t have to issue someone a 1099, at least now you will have the information to do so without having to scramble at the last minute.  And if you’re unsure how to even file a 1099, give us a call and we’d be happy to help you out.  We don’t want to see our clients unnecessarily penalized because of paperwork compliance requirements!  Give our office a call and we can have a conversation about other way we can help proactively improve your financial life!

Merry Christmas,

Jason Deshayes, CPA
505-821-0893

Year End Planning Tips

You’d think now that the extension deadline has past and 2010 tax returns are put to bed that all of us can sleep soundly and not worry about “tax stuff” until January or February.  Far from the case – now is the perfect time to position yourself or your business for 2011.  With just 2 weeks left in the year, there are plenty of opportunities to maximize your cash flow and minimize your tax burden for the year.  Here are some tips you can implement:

1) Accelerate some payments – if you pay your real estate taxes personally (rather than out of escrow), you could prepay your 2nd half payment by the end of the year and deduct that in 2011.  You can also prepay your fourth quarter state estimated tax payment by the end of year and deduct it too.  This example means just pushing up your payment a mere two weeks from its normal due date!

2) Business equipment purchases – we still have bonus depreciation and a lofty Sec. 179 limit this year.  We have no idea if these benefits will be extended beyond 2011, so if you’ve been thinking about upgrading your computer system or purchasing a new company vehicle, now may be the time to pull the trigger and receive the enhanced tax deduction now.

3) Capital gains and losses – the stock market has been volatile, but many individuals have still seen short term appreciation in their stocks and mutual funds.  It may make sense to sell some of those short-term winners and secure the gain.  Think about balancing those gains with stocks you have unrealized losses on in order to limit your tax bill, while diversifying your portfolio.

4) Charitable Giving – Many charities are actively requesting special year end gifts to help cover any revenue deficients.  Think about accelerating or making special gifts before the end of the year to help those in need, but also reduce your bill to Uncle Sam.  Some churches, businesses with United Way campaigns and other nonprofits have matching programs that will see your gift effectively doubled ($1 from you + $1 from the organization = $2 for the charity)

5) Open Enrollment time – If your employer provides you a Flexible Spending Account, around now is the time that your open enrollment is available to you.  Strongly think about utilizing this FSA, as medical deductions are notoriously difficult to deduct.  A FSA works by putting money pre-tax into an account in your name that you can use to pay medical expenses.  Key point is that any unspent money in the account is forfeited, so we recommend that you don’t get overzealous with how much you put into the FSA.  Examine your medical spending from the past year and use that as a guideline, then take into account any planned medical procedures (LASIK, surgeries, pregnancies, etc…)

6) Year-End Payroll – For many single member S-Corporations, the owner isn’t taking regular payroll – instead, they are taking S-corporation distributions.  You are required to have reasonable compensation in the form of a W-2 as a officer of the business.  A year-end bonus can meet this requirement, as well as add appropriate federal and state withholding to cover your tax bill without the need for estimated tax payments.

We’d love to sit down with you and talk about other opportunities for year-end planning.  Feel free to give us a call at the office and schedule an appointment – 505-821-0893.