Beneficial Ownership Information (BOI) Reporting

UPDATED December 28, 2024

BOI Reporting Requirements on Hold Again

Looks like the BOI reporting saga isn’t over yet.

A new panel over at the U.S. Fifth Circuit Court of Appeals is taking a look at the lower court’s ruling that put the brakes on the whole beneficial ownership info reporting thing. (Texas Top Cop Shop, Inc. et al. v. Garland (December 26, 2024) U.S. Ct. of Appeals, Fifth Circuit, Case No. 24-40792) They’re speeding things up a bit, but for now, the new panel has decided to hit pause on the BOI reporting requirement while they figure everything out.

So, as it stands right now, businesses can’t be hit with penalties for not filing their BOI reports with FinCEN.

But, as we’ve seen recently, this can flip at any moment. It’s a good idea to stay in the loop about what’s going down since the final call on whether to file is up to you. FinCEN hasn’t dropped any updates about this latest twist, but we’re guessing they’ll still let businesses file voluntarily for now.

If you’re thinking of holding off on filing until it’s a must, just make sure you’re collecting all the info you’ll need to file if the requirement comes back. Remember last week when the BOI reporting thing was briefly back on? FinCEN gave businesses only a short extension on the deadlines!

The Court of Appeal’s latest order is available at:

www.ca5.uscourts.gov/opinions/unpub/24/24-40792..pdf

UPDATED: December 24, 2024

Beneficial ownership reporting requirements reinstated

Circuit Court of Appeals stayed the lower court’s preliminary injunction against the beneficial ownership information reporting mandate. (FinCEN Alert) This means that the BOI reporting mandate will remain in effect while the lower court trial proceeds. However, FinCEN has announced a short delay in the deadlines for most businesses. The extended reporting deadlines are now as follows:

  • Reporting companies that were created or registered prior to January 1, 2024, have until January 13, 2025, to file their initial beneficial ownership information reports with FinCEN. (These companies would otherwise have been required to report by January 1, 2025);
  • Reporting companies created or registered on or after September 4, 2024, that had a filing deadline between December 3, 2024, and December 23, 2024, have until January 13, 2025, to file their initial beneficial ownership information reports with FinCEN; and
  • Reporting companies created or registered in the United States on or after December 3, 2024, and on or before December 23, 2024, have an additional 21 days from their original filing deadline to file their initial beneficial ownership information reports with FinCEN.

The deadline for those businesses formed after 2024 remains 30 days from the time of formation.

UPDATED: December 5, 2024

So, here’s the scoop: a federal district court in Texas just hit the brakes on the rule that required businesses to file a beneficial ownership information (BOI) report with the Financial Crimes Enforcement Network (FinCEN) under the U.S. Department of Treasury.

For the past year, you’ve been hearing that every new business needed to get these reports in by January 1, 2025, or they’d be facing some pretty steep fines—up to $591 a day! But thanks to this recent ruling from Texas, that deadline is off the table… at least for now.

The U.S. Department of Justice isn’t letting this slide though; they’re appealing the ruling, and keep in mind, other courts have already shot down similar arguments that popped up in the Texas case. Right now, it’s a total toss-up whether the BOI reporting rules will come back into play anytime soon.

FinCEN has mentioned that businesses can chill out and skip filing their BOI reports while this court order is in effect. But hey, if you want to keep filing them just to stay on the safe side while everything gets sorted, that’s still an option!

Bottom line, the choice is yours:

  • If you would rather not file the report, no penalties can be imposed against you at this point;
  • If you have already filed, there is nothing more you need to do. At this stage we do not have any information as to whether FinCEN will destroy all the previously provided information; or
  • If you haven’t filed but have all the information ready and would like to file, you are free to do so.  https://fincen.gov/boi (Please let us know whether you would like our assistance with this.)

Feel free to contact us if you have any questions concerning this issue.

UPDATED: January 1, 2024

Starting in 2024 newly formed, corporations, limited liability companies (LLCs), limited partnerships, and other entities that file formation papers with a state’s Secretary of State’s office (or similar government agency) must file a report with the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) providing specified information regarding the entity’s “beneficial owners.” Entities in existence prior to January 1, 2024, have until January 1, 2025, to file these reports.

This is part of the federal government’s anti-money laundering and anti-tax evasion efforts and is an attempt to look beyond shell companies that are set up to hide money. Unfortunately, this will impose burdensome reporting requirements on most businesses, and the willful failure to report information and timely update any changed information can result in significant fines of up to $591 per day until the violation is remedied, or if criminal charges are brought, fines of up to $10,000 and/or two years imprisonment. These penalties can be imposed against the beneficial owner, the entity, and/or the person completing the report.

Beneficial owners are broadly defined and involve owners who directly or indirectly own at least 25% of the entity’s ownership interests or exercise substantial control over the reporting company (even if they don’t actually have an ownership interest). While this may seem to only impact a few significant owners, it can encompass many senior officers of the business as well as those individuals who are involved in any significant business decisions (e.g., board members). Given the severity of the fines, it may be safer to err on the side of overinclusion rather than underinclusion.

For entities formed after 2023, information will also have to be provided about the company applicants (the person who actually files the entity’s formation/registration papers with the Secretary of State’s office and the person primarily responsible for directing or controlling the filing of the documents).

The types of information that must be provided (and kept current) for these beneficial owners and company applicants include the owner’s legal name, residential address, date of birth, and unique identifier number from a nonexpired passport, driver’s license, or state identification card. The entity will also have to provide an image of any of these forms of documentation to FinCEN for all beneficial owners.

Most entities must file these reports by January 1, 2025. However, entities formed in 2024 will have 90 days from the entity’s formation/registration to file these reports. Entities formed after 2024 must file the report within 30 days of the entity’s formation/registration.

Should any of the reported information change or a beneficial ownership interest be sold or transferred, the entity must report this information within 30 days of the change or face the potential of having the penalties described above imposed. Changes include reporting a beneficial owner’s change of address or name, and also resubmitting an updated passport, driver’s license, or state identification card to reflect the address or name changes.

It’s important that we meet soon to discuss who might be treated as a beneficial owner in your business and what systems we can put in place to ensure that the information regarding these beneficial owners is kept current. Please contact our office soon to schedule an appointment to discuss this further.

Reporting companies may also want to require their beneficial owners to obtain a FinCEN number so responsibility for tracking updated and correct information is shifted from the reporting company to the owner(s). Although, it may be much more difficult to get all beneficial owners to agree to this. Businesses should address this issue in their bylaws and/or operating agreements.

How do you obtain a FinCEN identifier? Individuals may request a FinCEN identifier by completing an electronic web form at: https://fincenid.fincen.gov

Who is a beneficial owner?
For purposes of the BOI reporting requirements, a reporting company’s beneficial owner(s) is any individual who, directly or indirectly, either:

  • Exercises substantial control over the reporting company (“substantial control” is defined below); or
  • Owns or controls at least 25% of the reporting company’s ownership interests. (Treas. Regs. §1010.380(d)) A beneficial owner does not include owners that are corporations or other business entities; it only includes owners that are individuals. However, as we’ll discuss below, an individual owner may be a beneficial owner as a result of tiered entity relationships.

Is it Time To Sell Your Home?

This time of year we are busy meeting with taxpayers, business owners and real estate owners, and it is very interesting to hear their battle stories and predictions for the economy ahead.

One common story that we hear, but more so this year, is that people are taking emergency money from their 401k’s and IRA’s to cover their monthly expenses for bills, mortgages, etc.

While most of the time, it is not a large amount, it is still indicative of a bigger problem. Is it time to sell your home?

Before we answer that, we need to deal with the problem at hand.

IF you took a early withdrawal from your retirement account you could face Federal and State penalties and taxes on the distribution. Contact your Tax Advisor immediately to discuss strategies to avoid the penalties (i.e. financial hardship, etc.) and prepare for the tax impact.

Back to the bigger problem; is it time to Sell your Home?

Thanks to inflation and rising interest rates, many households are making the most money ever, but still struggling to pay bills and the mortgage. On top of that, the housing market is indicating a top forming (California), and other areas are already experiencing rapid declines in the housing and rental markets (Arizona, Nevada, Oregon, Washington, Idaho, Wyoming, Texas, Florida). What to do o what to do….is it time to sell your home?

This article will not read like tea leaves telling the future, but, if you want to sell your home, contact us right away to go over our expert Tax and Selling Strategies. FREE intro consult for new customers.

Our team of licensed Tax and Real Estate Professionals can work with you in any U.S. State; we are here to help you today!
800-425-0570 (United States toll-free)

  • Tax Strategies to Avoid or Reduce Taxes on the Sale
    • Sale of Primary
    • Sale of Investment Property
    • Sale of Vacant Land
    • Sale of Improved Land (solar, cell, agriculture, aquaculture, mining, RV Park, etc.)
    • Charitable Conservation Contributions
  • Selling Strategies for a Successful Transaction
    • How to Negotiate the Highest Sales Price for your home
    • How to Mitigate Buyer Claims and Reduce Seller Credits
man riding a black bull

Naming the New Year: 2024 “Bucking Bull”

Like many people, I enjoy a good tradition.

Whether it is a familiar tradition like the family vacation or nightly family dinners, One of our favorite Traditions is Naming the New Year.

The New Year Name is chosen before the new year starts and will reflect important plans, challenges, obstacles, etc. ahead in the New Year.

Typically We’ve used a simple nomenclature = action + name

For instance,

  • 2019 – “Riding Tiger”
  • 2020 – “Running Bear”
  • 2021 – “Soaring Eagle”
  • 2022 – “Hanging Man”
  • 2023 – “Hungry Hummingbird”
  • 2024 – “Bucking Bull”

Why is this important?

In my experience, the tradition of naming the New Year has been at times inspirational, accurate and foreboding.

2023 “Hungry Hummingbird”, for example, was pretty accurate for the volatile Housing Markets and true to form, unexpected but awesome, rebound of the Stock Markets.

As entrepreneurs and business owners, it is important to work IN your business as well as work ON your business. The New Year name helps us associate an idea larger than any 1 person and at the same time focus 100% on the work at hand.

2024 “Bucking Bull” will be a year of energy, enthusiasm and competition. Much like riding a Bucking Bull, Smart Business will navigate uncertain economy and avoid getting dragged into uncontrolled situations. It will be more important then ever to stay enthusiastic and align your journey with competitive advantages.

A lot of people probably stopped reading when I said “nightly family dinners”, but for those of you who appreciate a tradition, We wish you a happy and safe New Year and best wishes in 2024.

Info@mrarrachecpa.com

man riding a black bull
Photo by Louise Brawn on Pexels.com

Sales Tax Updates 2023 from California Department of Tax and Fee Administration

California Department of Tax and Fee Administration (“CDTFA”) updates and education events to help business owners successfully operate their business.

Reminder, Businesses most report taxable gross receipt including money receive from sales before deducting COGS or Labor or Expenses unless there is a specific exception provided by tax laws.

cheerful couple counting with calculator and writing notes

What is Taxable Sales for Sales Tax?

Additionally, if there are additional sales charges that you chargre your customer, those additional charges are subject to sales tax. Examples of additional charges subject to sales tax are:

  • Merchant Credit Card Processing Fees charged to customer
  • COVID-19 Surcharges
  • Tourism Fees
  • Restaurant Surcharges
  • Auto Gratuity
  • Event space rental if food and beverage included in rental fee

For more info on what is taxable sales for sales-tax purposes you can review Revenue and Taxation Code (R&TC) Section 6012.

CDTFA Education Events

CDTFA offers online webinars for basics of sales and use tax, basic bookkeeping and industry specific for different types of businesses including presentations specific for:

  • Restaurant Industry
  • Construction Contractors
  • Gas Station Owners

To get a list of events and webinars Visit CDTFA Tax Education Events webpage www.cdtfa.ca.gov/seminar/

people looking at laptop computer

Have Questions about your Sales Tax? We’re here to help you along the way! Schedule your CPA Meeting now.



Adoption Tax Benefits

Adoption Tax Benefits

Taxpayers interested in the adoption process should be aware of tax benefits available for the 2022 tax year.

Important, we will go through each of the following in more detail:

  • Employer Adoption Assistance
  • Adoption Tax Credit
  • Sepcial Needs
  • When to Claim
  • Income Limits
  • Filing Status
  • Qualified Adoption Expenses

Emloyer Adoption Assistance

Your employer can provide up to $14,890 (2022 tax year) tax free adoption assistance.

Adoption Tax Credit

Taxpayers are eligible for $14,890 (2022 tax year) tax credit for qualified adoption expenses.

Special Needs

If you adopt a U.S. child that a state has determined to have special needs, you’re generally eligible for the maximum amount of credit in the year of finality. Even if you did not spend the money, The exclusion may be available, even if you or your employer didn’t pay any qualified adoption expenses, provided the employer has a written qualified adoption assistance program

Did you adopt a child with special needs? A child is special needs if:

  • Citizen or US Resident
  • State Government Agency determined child can not be returned to parents
  • State Government Agency determined child probably will not be adopted without assistance

Important Child with Special Needs is not the same as “Special Needs Adoption” for tax purposes when claiming the adoption credit.

When to Claim

The tax year for which you can claim the credit depends on the following:

  • When the expenses are paid;
  • Whether it’s a domestic adoption or a foreign adoption; and
  • When, if ever, the adoption was finalized.

Income Limit

If your modified adjusted gross income is over $223,410 (2022 taxyear) then your employer assistance exclusion or adoption credit will be limited. At $263,410 MAGI then your exclusion or credit is $0.

Filing Status Married Filing Separate

If you filed your return using the married filing separately filing status in the year particular qualified adoption expenses are first allowable, you generally can’t claim the credit or exclusion for those particular expenses. You may need to file an amended return to change to a qualifying filing status within the period of limitations. However, see Married Persons Not Filing Jointly in the Instructions for Form 8839PDF, which describes an exception for certain taxpayers living apart from their spouse and meeting other requirements.

You may be able to take the credit or exclusion if all of the following apply.

  • Statements (2) and (3) under Who Can Take the Adoption Credit or Exclude Employer-Provided Adoption Benefits are true.
  • You lived apart from your spouse during the last 6 months of 2022.
  • The eligible child lived in your home more than half of 2022.
  • You provided over half the cost of keeping up your home.

Additionally, a person who is filing separately may claim an adoption credit carryforward from a prior year or years, provided that, if the person was married in the year in which the qualified adoption expenses first became allowable for the credit, the person filed a joint return for that year.

Qualified Adoption Expenses

Per the IRS,

For both the credit and the exclusion, qualified adoption expenses, defined in section 23(d)(1) of the Code, include:

  • Reasonable and necessary adoption fees,
  • Court costs and attorney fees,
  • Traveling expenses (including amounts spent for meals and lodging while away from home), and
  • Other expenses that are directly related to and for the principal purpose of the legal adoption of an eligible child.

An expense may be a qualified adoption expense even if the expense is paid before an eligible child has been identified. For example, prospective adoptive parents who pay for a home study at the outset of an adoption effort may treat the fees as qualified adoption expenses.

An eligible child is an individual who is under the age of 18 or is physically or mentally incapable of self-care.

Qualified adoption expenses don’t include expenses that a taxpayer pays to adopt the child of the taxpayer’s spouse.

Qualified adoption expenses include expenses paid by a registered domestic partner who lives in a state that allows same-sex second parent or co-parent to adopt his or her partner’s child, as long as those expenses otherwise qualify for the credit.

Want to learn more? https://www.irs.gov/instructions/i8839#en_US_2022_publink23077td0e625

Tax laws are always changing and evermore confusing. If you have tax questions or need a second opinion, were here to help you along the way! Meet you new CPA today

Pays to Learn – Tax Benefits Of Education

If you are currently paying for your education, then good news you are entitled to some awesome tax deductions and credits that will help you Save Money and Reduce Taxes! The following list is a condensed summary of some of the Education Related Tax Benefits followed by Excerpts from IRS.gov

  • Student Loan Interest Deduction
  • Student Loan Forgiveness
  • Education Tax Credits
  • Qualified Education Savings Tax Free Distributions
  • Employer Tax Free Education Assistance
  • Educator Expense Adjustment

Student Loan Interest

Student loan interest is interest you paid during the year on a qualified student loan. It includes both required and voluntarily pre-paid interest payments. You may deduct the lesser of $2,500 or the amount of interest you actually paid during the year. The deduction is gradually reduced and eventually eliminated by phaseout when your modified adjusted gross income (MAGI) amount reaches the annual limit for your filing status.

You claim this deduction as an adjustment to income, so you don’t need to itemize your deductions.

You can claim the deduction if all of the following apply:

  • You paid interest on a qualified student loan in tax year 2022;
  • You’re legally obligated to pay interest on a qualified student loan;
  • Your filing status isn’t married filing separately;
  • Your MAGI is less than a specified amount which is set annually; and
  • Neither you nor your spouse, if filing jointly, can be claimed as dependents on someone else’s return.

A qualified student loan is a loan you took out solely to pay qualified higher education expenses that were:

  • For you, your spouse, or a person who was your dependent when you took out the loan;
  • For education provided during an academic period for an eligible student; and
  • Paid or incurred within a reasonable period of time before or after you took out the loan.

See Publication 970, Tax Benefits for Education, the Instructions for Form 1040 (and Form 1040-SR) or the Instructions for Form 1040-NR to determine if your expenses qualify.

If you file a Form 2555, Foreign Earned IncomeForm 4563, Exclusion of Income for Bona Fide Residents of American Samoa, or if you exclude income from sources inside Puerto Rico, refer to “Worksheet 4-1, Student Loan Interest Deduction Worksheet” in Publication 970 instead of the worksheet in the Instructions for Form 1040 (and Form 1040-SR).

If you paid $600 or more of interest on a qualified student loan during the year, you should receive a Form 1098-E, Student Loan Interest Statement from the entity to which you paid the student loan interest.

For more information about the student loan interest deduction and how your MAGI affects the deduction amount, refer to Publication 970PDF and Can I Claim a Deduction for Student Loan Interest?

Student Loan Forgiveness

On page 21 of the 2021 Pub. 525PDF, several exceptions are listed for the inclusion of canceled student loan debt in income. Please note the following additional information for certain student loans.

The American Rescue Plan Act of 2021 modified the treatment of student loan forgiveness for discharges in 2021 through 2025. Generally, if you are responsible for making loan payments, and the loan is canceled or repaid by someone else, you must include the amount that was canceled or paid on your behalf in your gross income for tax purposes. However, in certain circumstances, you may be able to exclude this amount from gross income if the loan was one of the following.

  • A loan for postsecondary educational expenses.
  • A private education loan.
  • A loan from an educational organization described in section 170(b)(1)(A)(ii).
  • A loan from an organization exempt from tax under section 501(a) to refinance a student loan.

See Pubs. 4681PDF and 970PDF for further details.

Education Tax Credits

n education credit helps with the cost of higher education by reducing the amount of tax owed on your tax return. If the credit reduces your tax to less than zero, you may get a refund. There are two education credits available: the American opportunity tax credit (AOTC) and the lifetime learning credit (LLC).

Don’t overlook these important credits.

Who can claim an education credit?

There are additional rules for each credit, but you must meet all three of the following for both:

  1. You, your dependent or a third party pays qualified education expenses for higher education.
  2. An eligible student must be enrolled at an eligible educational institution.
  3. The eligible student is yourself, your spouse or a dependent you list on your tax return.

Who cannot claim an education credit?

You cannot claim an education credit when:

  • Someone else, such as your parents, list you as a dependent on their tax return
  • Your filing status is married filing separately
  • You already claimed or deducted another higher education benefit using the same student or same expenses (see Education Benefits: No Double Benefits Allowed for more information)
  • You (or your spouse) were a non-resident alien for any part of the year and did not choose to be treated as a resident alien for tax purposes (find more information in Publication 519, U.S. Tax Guide for Aliens)

Compare the education credits

The education credits have some similarities but some very important differences. Find out which credit you qualify for, see our handy chart to compare the education credits.

Use our interactive app

Our interactive app, “Am I Eligible to Claim an Education Credit?” helps you determine if you are eligible for education credits and deductions.

What should I do if I receive a letter from the IRS or I’m audited?

Taxpayer rights

You will benefit from knowing your rights as a taxpayer and being familiar with the IRS’s obligations to protect them. The goal of the Taxpayer Rights Corner is to inform you of your rights during every step of your interaction with the IRS.

Did you receive a letter?

If you receive a letter or are audited by the IRS, it may be because the IRS did not receive a Form 1098-T, Tuition StatementPDF, verifying the student’s enrollment or we need additional information to support the amounts of qualified expenses you reported on Form 8863PDF. Review your Form 1098-T PDF to make sure the student’s name and social security number are correct. If they do not match, contact the school to correct the information for future 1098-T reporting. If the student should have and did not receive the Form 1098-TPDF, contact the school for a copy. Note: There are a few exceptions in which educational institutions are not required to furnish Form 1098-TsPDF. For details, please see “What is Form 1098-T, Tuition StatementPDF and how do I get it?”

If you claimed expenses that were not reported on the Form 1098-T PDF in Box 1 as amounts paid or if your school reported the amount you were charged for qualified expenses in Box 2, please send us copies of paid receipts, cancelled checks or other documents as proof. See your letter for further instructions for what documents to send. If you do not have the letter, see our page Forms 886 May Help You for the Forms 886-H-AOC and 886-H-AOC-MAX for examples. Form 886-H-AOC is also available in Spanish.

Audit and examination process

IRS selects income tax returns for examination identified by computer programs showing a return has incorrect amounts. The examination may or may not result in a change to your tax or credits.

Use the following links for additional information:

Education Savings Accounts

529 Plans States may establish and maintain programs that allow you to either prepay or contribute to an account for paying a student’s qualified education expenses at a postsecondary institution. Eligible educational institutions may establish and maintain programs that allow you to prepay a student’s qualified education expenses. If you prepay tuition, the student (designated beneficiary) will be entitled to a waiver or a payment of qualified education expenses. You can’t deduct either payments or contributions to a QTP. For information on a specific QTP, you will need to contact the state agency or eligible educational institution that established and maintains it.

No tax is due on a distribution from a QTP unless the amount distributed is greater than the beneficiary’s adjusted qualified education expenses. Qualified expenses include required tuition and fees, books, supplies and equipment including computer or peripheral equipment, computer software and internet access and related services if used primarily by the student enrolled at an eligible education institution. Someone who is at least a half-time student, room and board may also qualify.

Coverdell A Coverdell education savings account (Coverdell ESA) is a trust or custodial account set up in the United States solely for paying qualified education expenses for the designated beneficiary of the account. This benefit applies not only to qualified higher education expenses, but also to qualified elementary and secondary education expenses. There are certain requirements to set up a Coverdell ESA:

  • When the account is established, the designated beneficiary must be under the age of 18 or be a special needs beneficiary.
  • The account must be designated as a Coverdell ESA when it is created.
  • The document creating and governing the account must be in writing, and it must meet certain requirements.

Contributions

You may be able to contribute to a Coverdell ESA to finance the beneficiary’s qualified education expenses. Contributions must be made in cash, and they’re not deductible. Any individual whose modified adjusted gross income is under the limit set for a given tax year can make contributions. Organizations, such as corporations and trusts can also contribute regardless of their adjusted gross income. Contributors must contribute by the due date of their tax return (not including extensions). There’s no limit to the number of accounts that can be established for a particular beneficiary; however, the total contribution to all accounts on behalf of a beneficiary in any year can’t exceed $2,000.

Distributions

In general, the designated beneficiary of a Coverdell ESA can receive tax-free distributions to pay qualified education expenses. The distributions are tax-free to the extent the amount of the distributions doesn’t exceed the beneficiary’s qualified education expenses. If a distribution exceeds the beneficiary’s qualified education expenses, a portion of the earnings is taxable to the beneficiary. Amounts remaining in the account must be distributed within 30 days after the designated beneficiary reaches age 30, unless the beneficiary is a special needs beneficiary. If the beneficiary dies before attaining the age of 30, amounts remaining in the account must be distributed within 30 days after the date of death. Certain transfers to members of the beneficiary’s family are permitted.

You should receive a Form 1099-Q, Payments from Qualified Education Programs (Under Sections 529 and 530) from each of the Coverdell ESAs from which you received a distribution. Form 1099-Q should be made available to you by January 31, 2023.

Additional Information

For information on contributions and how to determine the part of any distribution that is taxable earnings, refer to Chapter 6 of Publication 970, Tax Benefits for Education.

Page Last Reviewed or Updated: 26-Jan-2023

Employer Education Assistance

If you receive educational assistance benefits from your employer under an educational assistance program, you can exclude up to $5,250 of those benefits each year. This means your employer should not include the benefits with your wages, tips, and other compensation shown in box 1 of your Form W-2.

To qualify as an educational assistance program, the plan must be written and must meet certain other requirements. Your employer can tell you whether there is a qualified program where you work.

If your employer pays more than $5,250 for educational benefits for you during the year, you must generally pay tax on the amount over $5,250. Your employer should include in your wages (Form W-2, box 1) the amount that you must include in income.

Education Expense Deduction (Above-the-Line)

Educators can deduct up to $250 ($500 if married filing jointly and both spouses are eligible educators, but not more than $250 each) of unreimbursed business expenses. The educator expense deduction, claimed on either Form 1040 Line 23 or Form 1040A Line 16, is available even if an educator doesn’t itemize their deductions. To do so, the taxpayer must be a kindergarten through grade 12 teacher, instructor, counselor, principal or aide for at least 900 hours a school year in a school that provides elementary or secondary education as determined under state law.

Those who qualify can deduct costs like books, supplies, computer equipment and software, classroom equipment and supplementary materials used in the classroom. Expenses for participation in professional development courses are also deductible. Athletic supplies qualify if used for courses in health or physical education.

For additional IRS resources see our tax topic on Educator Expense Deduction.

Personal Use of Rental / Vacation Rental Tax Traps and Planning

Vacation Rental Traps

If you are currently renting out your Primary or Secondary Home or using a Rental Property to vacation, then make sure that you are aware of all the tax rules and tax traps.

Self-Employment Income Tax Trap typically rental income is not subject to Self-Employment Taxes. But if you provide any additional services to the renters such as daily housekeeping or concierge services then the income become subject to Self-Employment Taxes. Reference IRS Ruling 57-108. Ultimately finding that “if services are rendered for the occupants and the services rendered (1) are not clearly required to maintain the space in a condition for occupancy, and (2) are of such a substantial nature that the compensation for these services can be said to constitute a material portion of the rent, then the net rental income received is not excluded under § 1402(a)(1) and is included in NESE.”

Personal Use Deduction Limitations If you also use your rental property as a *”Residence”, meaning more than 14 days OR 10% of the time the property is rented, then you will be limited on your rental deductions for that property. Important, some of the disallowed rental deductions might be deductible as elsewhere on your tax return such as itemized deductions.

Planning Tax Free Rental Income Special rule for minimal use of residence that you rented property fewer than 15 days. You do Not have to report Rental Income or Deductions if the property was rented less than 15 days. Important, some of the disallowed rental deductions might be deductible as elsewhere on your tax return such as itemized deductions.

Real Estate Professional Best of both worlds. With this rare and desired tax status you will get the benefit of ordinary income and losses not subject to self-employment taxes. IF you are designated as a Broker/Dealer then your tax classification will change dramatically in terms of Self-Employment Tax. For more information Reference IRC 469

If you own or manage Rentals or active Real Estate Broker/Agent, we are here to help you along the way. Meet your New CPA Today! Schedule Intro Consultation here.

NEW TAX OFFICE: Mammoth Lakes and Surroundning Areas

FEBRUARY 1, 2023

Over the last several years, We have been hard at work developing our personal and Professional Network in the Eastern Sierras focusing on Mammoth Lakes and surrounding areas of Mono County and Inyo County. We had the pleasure of meeting some great businesses, individuals, trusts and nonprofit organizations and we were able to help a lot of people with their taxes and accounting (Save Money and Reduce Taxes!).

On February 1, 2023 we officically launched our first office in the local area of Mammoth Lakes, CA with warm welcome from the local city and county.

Staff In-Office We are here for you! Staff are on-site. Please remember to Schedule All Meetings in advance (preferrably 24-hours minimum); we are meeting by appointment only. Also, please remember to contact us ahead of time so we can help you organize your tax and accounting information for our meeting.

Remote Tax Services If you can not make the trip into our tax office, important note, we offer Remote Tax Prep Services. It is easier than ever; Work with your CPA from the comfort of your home. All you need is a reliable internet connection and a document scanner or camera phone. Ideally you have acess to computer video meetings to speak face to face with your tax preparer.

Meet your New CPA Today – we are now serving clients in or near Mammoth Lakes and surrounding areas:

    City / TownZip Code
    Big Pine93513
    Bishop93514
    Bishop93515
    Bridgeport93517
    Coleville96107
    Death Valley92328
    Independence93526
    Inyokern93527
    June Lakes93529
    Keeler93530
    Lee Vining93541
    Little Lake93542
    Lone Pine93545
    Mammoth Lakes93546
    Olancha93549
    Shoshone92384
    Tecopa92389
    Topaz96133
    Trona93592

    We strongly encourage you to meet with us in-person OR if you prefer we can always setup a video meeting or telephone call.

    Working with Business Owners, Contractors, Rental Property Owners, Tourism Businesses, Restaurants, Hotels, Livestock, Agriculture, Mining & Exploration, Trusts, Nonprofits, etc. We are here for you! Meet your New CPA Today.

    Feel free to call 442-372-2372 or email info@mrarrachecpa.com

    Filing Deadline for Individual Tax Return April 18, 2023*

    IMPORTANT REMINDER Tax Deadline is April 18, 2023. Normally the tax deadline is April 15th but this year Emancipation in Washington DC is April 16th (Sunday) so it will be celbrated Monday April 17th

    Imporant tax deadline can not fall on weekend or holiday so taxes for Individuals Taxes or Extensions are due April 18, 2023.

    *certain people impacted by natural disaster have had their tax deadlines extended. Please contact us immediately to see if you qualify for this additional natural disaster extension.

    Per the Governor of California Gavin Newsom’s Office

    TAX EXTENSION

    To help alleviate some of the stress many have endured during this trying period, the FTB has extended the filing and payment deadlines for individuals and businesses in California until May 15, 2023.

    This relief applies to deadlines falling on or after January 8, 2023, and before May 15, 2023, including the 2022 individual income tax returns due on April 18 and the quarterly estimated tax payments, typically due on January 17, 2023 and April 18, 2023.

    The IRS announced tax relief for Californians affected by these winter storms. Taxpayers affected by these storms qualify for an extension to May 15, 2023 to file individual and business tax returns and make certain tax payments. This includes:

    • Individuals whose tax returns and payments are due on April 18, 2023.
    • Quarterly estimated tax payments due January 17, 2023 and April 18, 2023.
    • Business entities whose tax returns and payments are due on March 15, 2023

    In addition, FTB will suspend the mailing of collection notices to affected taxpayers for the next 30 days, beginning January 13, 2023.

    Here is a link to find more information on  FTB Publication 1034, 2022 Disaster Loss: How to Claim a State Tax Deduction

    https://www.gov.ca.gov/2023/01/13/tax-relief-for-californians-impacted-by-storms

    IRS Guidance on Home Office Tax Deduction

    PER the IRS: If you use part of your home for business, you may be able to deduct expenses for the business use of your home. The home office deduction is available for homeowners and renters, and applies to all types of homes. 

    If you are a contractor / self employed / Partner (K1), then you better pay attention to this important tax deduction.

    This year when you go to file your taxes make sure to bring the following information related to your home office.

    • Rents Paid*
    • Mortgage Interest Paid
    • Real Estate Taxes Paid
    • Insurance Paid *
    • Utilities*
    • Repairs*
    • Association Dues*
    • Maintenance*
    • Travel*
    • Legal & Professional*
    • Commissions*
    • Management Fees*
    • Bank Charges*
    • Advertising*
    • Depreciation

    *We do not need to see the support documents for most of these items, BUT you must keep for your records in case of audit. PLEASE only provide the summarized annual total spent per category. If you need us to review your support documents there could be additional charges.

    The tax preparer will calculate the greater tax benefits between the 2 alllowable methods to calculate your home office deduction.

    Method 1 = Simplified option + For tax year after 2012 per the IRS Revenue Procedure 2013-13, certain taxpayers qualify to take a prescribed rate multiplied against square feet to calculate the home office deduction instead of the Regular Method. This simplified method greatly reduces the need for substantiation and record keeping and can be easily calculated.

    Method 2 = Regular Method + For tax year 2012 and prior, the regular method allows taxpayers to take a business use % of the total home expenses plus and direct expenses. This method requires a lot more record keeping and substantiation.

    Let us know if you have any question on your taxes for your Schedule C sole propreitor business expenses or Schedule E passhtrough partnership unreimbursed expenses.

    We’re here to help you along the way; meet your new CPA today.