Tax planning is a process of looking at various tax options in order to determine when, whether, and how to conduct business and personal transactions so that taxes are eliminated or considerably reduced.
Many small business owners ignore tax planning, and don’t even think about their taxes until they’re scheduled to meet with their accountant; but tax planning is an ongoing process, and good tax advice is a very valuable commodity. You should review your income and expenses monthly, and meet with your CPA or tax advisor quarterly to analyze how you can take full advantage of the provisions, credits and deductions that are legally available to you.
Although tax avoidance planning is legal, tax evasion – the reduction of tax through deceit, subterfuge, or concealment - is not. Frequently what sets tax evasion apart from tax avoidance is the IRS’s finding that there was some fraudulent intent on the part of the business owner. The following are four of the areas most commonly focused on by IRS examiners as pointing to possible fraud:
A failure to report substantial amounts of income, such as a shareholder’s failure to report dividends, or a store owner’s failure to report a portion of the daily business receipts.
A claim for fictitious or improper deductions on a return, such as a sales representative’s substantial overstatement of travel expenses, or a taxpayer’s claim of a large deduction for charitable contributions when no verification exists.
Accounting irregularities, such as a business’s failure to keep adequate records, or a discrepancy between amounts reported on a corporation’s return and amounts reported on its financial statements.
Improper allocation of income to a related taxpayer who is in a lower tax bracket, such as where a corporation makes distributions to the controlling shareholder’s children.
Tax Planning Strategies
There are countless tax planning strategies available to a small business owner. Some are aimed at the owner’s individual tax situation, and some at the business itself. But regardless of how simple or how complex a tax strategy is, it will be based on structuring the strategy to accomplish one or more of these often overlapping goals:
Reducing the amount of taxable income
Lowering your tax rate
Controlling the time when the tax must be paid
Claiming any available tax credits
Controlling the effects of the Alternative Minimum Tax
Avoiding the most common tax planning mistakes
In
order to plan effectively, you’ll need to estimate your personal and
business income for the next few years. This is necessary because many
tax planning strategies will save tax dollars at one income level, but
will create a larger tax bill at other income levels. You will want to
avoid having the “right” tax plan made “wrong” by erroneous income
projections. Once you know what your approximate income will be, you
can take the next step: estimating your tax bracket.
The effort to come up with crystal-ball estimates may be difficult and by its nature will be inexact. On the other hand, you should already be projecting your sales revenues, income, and cash flow for general business planning purposes. The better your estimates, the better the odds that your tax planning efforts will succeed.
Hidden within the labyrinthine course known as the Internal Revenue Code are valuable money-saving strategies overlooked or undiscovered by many business owners. At the same time there are misleading passages that have been the cause of millions of dollars mistakenly paid to the IRS. Dollars that should have remained in business owners pocket.
Alternative Ways to Save on Business Income Taxes
Maximizing Business Entertainment Expenses
Another interesting way to save on your taxes, that can be fun as well as rewarding to you and your business, is to deduct entertainment expenses. Entertainment expenses are great deductions to add to your taxes and can save you money, however there are some important guidelines to consider when including them on your return.
In order to qualify, business must be discussed before, during, or after any meal deducted. The surroundings must be conducive to business discussion. For instance, a small or quiet restaurant would be an ideal location for a business dinner. Be careful of locations that include ongoing floor shows or other distracting events that inhibit business discussions. Prime distractions are theater locations, ski trips, golf courses, sports events, and hunting trips.
Starting in 1994, the IRS allows up to a 50% deduction on entertainment expenses. Good documentation of these expenses is required in order for the IRS to consider these deductions. Remember that the business meal must be arranged with the purpose of conducting specific business. Bon appetite!
Important Business Automobile Deductions
An automobile is quite an expense, especially for those of you who own more than one. There is a light at the end of the tax tunnel, though. Recently, the IRS has accepted a new mileage deduction rate. The rates for 2008 are 50.5 cents per business mile from January to June, 58.5 cents per business mile from July to December, 14 cents per charitable mile, and 18 cents per moving/medical mile.
Another common way to increase deductions is to include both cars (if you own more than one car) in your deductions. This is possible since the business miles driven determine business use. To figure business use, divide the business miles driven by the total miles driven. You can do this for each car driven for the business and can bring significant deductions.
This is simply a wonderful way to save, but remember: in order to be effective, a consistent mileage log should be kept. Consider meeting with a professional to determine the most efficient way of tracking mileage and other costs. Happy driving!
Increase Your Bottom Line When You Work At Home
The home office deduction is quite possibly one of the most difficult deductions ever to come around the block. Yet, there are so many tax advantages it becomes worth the navigational trouble…Here are a few common tips for home office deductions that can make tax season significantly less traumatic for those of you with a home office.
Try prominently displaying your home phone number and address on business cards, have business guests sign a guest log book when they visit your office, deduct long-distance phone charges, keep a time and work activity log, retain receipts and paid invoices. Keeping these receipts makes it so much easier to determine percentages of deductions later on in the year.
The tax laws allows you to
immediately expense, rather than depreciate over time, up to $250,000
worth of business assets that you purchase during the year 2008. The key is
“purchase” ...it can be new or used. All home office depreciable
equipment meets the qualification. Also, if you purchase more than
$108,000 in equipment, you can expense the first $108,000 then depreciate the rest. The amount changes to $133,000 for 2009 and $125,000 for 2010 but will be adjusted for inflation
Make sure that before you start deducting all of these items on your return, that you have qualified for the Home Office Deduction. You should consider meeting with a tax professional for further Home Office Deduction advice. Also, see our Home Based Business Tax Advantages Page for additional deductions.
COMMON MISCONCEPTIONS
Regardless of how life changes, one of the biggest hurdles you’ll face in running your own business is to stay on top of your numerous obligations to federal, state, and local tax agencies. A tax headache is only one mistake away, be it a missed payment or filing deadline, an improperly claimed deduction, or incomplete records.
You can safely assume that a tax auditor presenting an assessment of additional taxes, penalties, and interest will not look kindly on an “I didn’t know I was required to do that” claim. The old legal saying that “ignorance of the law is no excuse” is perhaps most often applied in tax settings. On the other hand, it is surprising how many small businesses actually overpay their taxes. They often neglect to take deductions they’re legally entitled to, or just don’t know about certain breaks that can help them lower their tax bill.
Adding to the mayhem, we have tax codes that seem to be in a constant state of flux. Creating exceptions for special groups has resulted in a steady stream of new and revised tax laws, which have lengthened the Internal Revenue Code to over 4,500 pages and rendered it barely understandable to even the most experienced tax professionals. Often one section can run up to several hundred pages. A special tax service used by tax professionals explains the meaning and application of each part of the code. It is contained in another 12 volumes! The harder Congress tries to simplify the code, the more complex it becomes.
Preparing your taxes and strategizing how to keep more of your hard-earned dollars in your pocket becomes increasingly difficult with each passing year. Your best course of action to save time, frustration, MONEY, and (God forbid) an auditor knocking on your door, is to have a professional accountant handle your taxes. Tax professionals have years of experience with tax preparation, religiously attend tax seminars, read scores of journals, magazines, and monthly tax tips, among other things, to correctly interpret the changing tax code and gain the advantage over the IRS.
Nevertheless, many accountants don’t understand the mammoth tax code and end up being too conservative with your tax deductions. The more conservative they are, the more taxes you end up paying.
Unfortunately, the cryptic and mystifying nature of the tax code generates a lot of folklore and misinformation that also leads to costly mistakes. Here is a list of some common small business tax misperceptions:
1. All Start-Up Costs Are Immediately Deductible
The American Jobs Creation Act of 2004 allows new small business owners to immediately deduct up to $5,000 of their start-up costs as long as they don’t exceed $50,000. The only catch is that in order to take advantage of the immediate deduction you must spread out the remainder of your start-up costs over 15 years (180 months).
So the immediate deduction is a good option for businesses with less than $14,000 of start-up expenses. If you’re startup expenses are greater than $14,000, then you’ll do better by not taking an immediate deduction but spreading your start-up costs over 5 years (60 months).
2. Overpaying The IRS Makes You “Audit Proof”
The IRS doesn’t care if you pay the right amount of taxes or overpay your taxes. They do care if you pay less than you owe and you can’t substantiate your deductions. Even if you overpay in one area, the IRS will still hit you with interest and penalties if you underpay in another. It is never a good idea to knowingly or unknowingly overpay the IRS. The best way to “Audit Proof” yourself is to properly document your expenses and make sure you are getting good advice from your tax accountant.
3. Being incorporated enables you to take more deductions.
Aside from health insurance, deductions for the self-employed (sole-proprietors and S Corps) are pretty much equivalent to corporate deductions. For many small businesses, being incorporated is an unnecessary expense and burden. Start-ups can spend $1,000 in legal and accounting fees to set up a corporation, only to determine shortly after that they want to change their name or company direction. Plenty of small business owners who incorporate don’t make money for the first few years and find themselves saddled with minimum corporate tax payments and no income.
4. The home office deduction is a red flag for an audit.
This is no longer as true as it once was. Because of the proliferation of home offices, tax officials cannot possibly audit all tax returns containing the home office deduction. A high deduction-to-income ratio tends to lead to an audit.
5. If you don’t take the home office deduction, business expenses are not deductible.
You are still eligible to take deductions for business supplies, business-related phone bills, travel expenses, printing, wages paid to employees or contract workers, depreciation of equipment used for your business, and other expenses related to running a home-based business, whether or not you take the home office deduction.
6. Taking an extension on your taxes is an extension to pay taxes.
Extensions enable you to extend your filing date only. If you do not pay taxes on time, penalties and interest begin accruing from the due date.
7. Part-time business owners cannot set up self-employed pensions.
If you start up a company while you have a salaried position complete with a 401K plan, you can still set up a SEP-IRA for your business and take the deduction.
Besides avoiding
these pitfalls, possessing basic knowledge of how the tax system works
is also beneficial. After all, even if you delegate the tax preparation
to someone else, you are still liable for the accuracy of your tax
returns. If your accountant messes up, you pay the penalty, not him.
HOW TO MAKE MONEY ON VACATIONS
How to turn your fun trips into tax cuts
How would you like to deduct every dime you spend on vacation this year? Tim did. Legally. Want to know how?
Tim wanted to take a two-week trip around the US. He learned that every thing is much cheaper when you can legitimately deduct it.
1. Make all your business appointments before you leave for your trip.
Most
people believe that they can go on vacation and simply hand out their
business cards in order to make the trip deductible. Wrong.
You must have at least one business appointment before you leave in order to establish the "prior set business purpose" required by the IRS.
The first thing that Tim needs to do is set up appointments in various cities such as Chicago, Sacramento, and Phoenix before he leaves. The best way to establish this is to put advertisements in the newspaper, looking for distributors. He could then interview those who respond when he gets to the business destination.
Example:
Tim
wants to vacation in Hawaii. If he places some advertisements for
distributors, or contacts some of his downline to perform a
presentation, the IRS would accept his trip for business.
Tip:
It
would be vital for Tim to document this business purpose by keeping a
copy of the advertisement and all correspondence along with noting what
appointments he will have in his diary.
2. Make It All "Business Travel."
In
order to deduct all on-the-road business expenses, you must be
traveling on business. By definition, you are on business travel
whenever you are sleeping overnight in a strange bed - conducting
business, that is!
Example:
Tim
wanted to go to a regional meeting in Boston, which is only a one-hour
drive from his home. If he were to sleep in the hotel where the meeting
will be held (in order to avoid possible automobile and traffic
problems), he will be deemed to be on business travel.
Tip:
Remember:
You don't need to live far away to be on business travel. If you have a
good reason for sleeping at your destination, you could live a couple
of miles away and still be on travel status.
3. Make sure that you deduct all of your on-the-road -expenses for each day you're away.
For
every day you are on business travel, you can deduct 100% of lodging,
tips, shoe-shines, laundry and dry cleaning, car rentals, and 50% of
your food. Tim spends three days meeting with potential distributors.
If he spends $50 a day for food, he can deduct 50% of this amount, or
$25.
According to the IRS, no receipts are required for any travel expense under $75 per expense. The only exception would be for lodging.
Example:
If
Tim pays $6 for drinks an the plane, $6.95 for breakfast, $12.00 for
lunch, $50 for dinner, he does not need receipts for anything since
each item was under $75.
Tip:
You
would, however, need to document these items in you diary. A good tax
diary is essential in order to audit-proof your records.
Example:
If,
however, Tim stays in the Bate Motel and spends $22 on lodging, will he
need a receipt? The answer is yes. You need receipts for all paid
lodging.
Tip:
Not only are
your on-the-road expenses deductible from your trip, but also all
laundry and dry-cleaning costs for clothes worn on the trip. Thus, your
first dry cleaning bill that you incur when you get home will be fully
deductible. Make sure that you keep the dry cleaning receipt and have
your clothing dry cleaned within a day or two of getting home.
4. Sandwich weekends between business days.
Interestingly,
the IRS notes that if you have a business day on Friday and another one
on Monday, you can deduct all on-the-road expenses during the weekend.
Example:
Tim
makes business appointments in Florida on Friday and one on the
following Monday. Even though he as no business on Saturday and Sunday
(other than monkey business), he may deduct on-the-road business
expenses incurred during the weekend.
5.Make the majority of your trip days business days.
The
IRS says that you can deduct transportation expenses if business was
the primary purpose of the trip. The majority of the days in the trip
must be for business activities. Otherwise, you cannot make any
transportation deductions. This is an all-or-nothing proposition.
Example:
Tim
spends six days in San Diego. He leaves early on Thursday morning. He
had a seminar on Friday and meets with distributors on Monday and flies
home on Tuesday, taking the last flight of the day home after playing a
complete round of golf. How many days are considered business days?
All of them. (Nice work, Timmy!) Thursday is a business day, since it includes traveling - even if the rest of the day is spent at the beach. Friday is a business day because he had a seminar. Monday is a business day because he met with prospects and distributors in pre-arranged appointments. Saturday and Sunday are sandwiched between business days, so they count. Tuesday is a travel day. So every day was deductible.
Since Tim accrued six business days, he could spend another five days having fun and still deduct all his transportation to San Diego. The reason is that the majority of the days were business days (six out of eleven). However, he can only deduct six days worth of lodging, dry cleaning, shoe shines, and tips. The important point is that Tim would be spending money on lodging, airfare, and food, but now most of his expenses will become deductible.
With proper planning, you can deduct most of your vacations if you combine them with business. That can make your life a lot less taxing!