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Give careful consideration to the legal form of doing
business. The tax and non-tax consequences of the form in
which you do business are significant. You may choose to operate
as a sole proprietor, a partnership, a corporation, or, in certain states,
as a limited liability company.
Seek professional assistance before making
your dicision, and review your chosen business form from time to time to
see if it's still appropriate.
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Consider "Section 1244" stock for a new business.
If you're starting a business and choose to operate as a corporation, investigate
the advantages of Section 1244 stock.
There are requirements that must be met, but
if your stock qualifies and your business later fails, you can deduct annually
up to $100,000 of the loss against ordinary income ($50,000 on a single
return).
Without the Section 1244 benefit, your stock
loss offset against ordinary income would be limited to $3,000 annually.
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If you operate in corporate form, keep accurate and
thorough minutes fro the corporation. The small effort this
requires will pay off handsomely if the IRS audits you. Minutes should
document transfer of funds or assets into or out of the corporation, officers'
salaries, shareholder dividends, officer and employee benefits, and related-party
transactions that might be scrutinized by the IRS.
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Elect S corporation status. If your
sole proprietorship or partnetship is producing a net profit in excess
of a reasionable compensation for your time, you could save money be incorporating
and electing S status.
You're required to take a reasonable wage
for the work you do but no more than that. If reasonable compensation
for what you do would be $20,000, for example, there is little point in
paying social security tax on more.
If you incorporate and elect S status, the
salary you take will be subject to payroll taxes, but the profits above
that amount are considered dividends subject to income tax but not payroll
taxes.
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Switch your regular corporation to an S corporation.
If your business operates as a regular corporation (known as a C corporation),
investigate the tax advantages of electing S corporation status.
A C corporation pays taxes on its income,
and shareholders are taxed on corporate income a second time when it is
distributed to them (usually in the form of dividends).
In an S corporation, corporate income is taxed
only once. Individual shareholders report the corporate income on
their individual tax returns. in deciding whether a C or S corporation
is better for you business, your must compare current corporate and individual
tax rates.
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Review your S corporation basis. If
you operate your business as an S corporation, be sure that you have a
large enough tax basis to deduct any losses sustained by the company.
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Hire your spouse and children to work in your business.
Wages paid will be deductible by your company and taxable to the family
member. Your child's earnings will probably fall in a lower tax bracket
than yours. Your spouse's wages may provide the basis for making
an IRA contribution of up to $2,000 a year.
Payroll taxes apply to such wages; however,
if your business is a proprietorship or family partnership, they do not
apply to wages paid to your children under 18.
Compensation paid has to be reasonable for
the services performed.
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Never use the Internal Revenue Service as your banker.
When cash flow is tight, you may be tempted to pay your suppliers first
and payroll taxes to the IRS last. The IRS will take steps to minimize
the liability as quickly as possible.
Pay the IRS first and if you absolutely cannot,
contact your local IRS office before they contact you.
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Keep good records for all business travel, meal and
entertainment expenses. Travel that you do in conjunction
with your business is deductible, but business meal and entertainment expenses
are only partially deductible.
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Time equipment purchases carefully.
It may no longer be good strategy to make business equipment purchases
late in the year. Under current law you are required to adjust depreciation
if you make a large percentage of your equipment purchases in the fourth
quarter of the year.
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You are allowed to expense a certain amount of equipment
costs in the year of purchase. The write-off for business
cars, however, is limited to allowable first-year depreciation. If
your total equipment purchases exceed $200,000, the expensing option phases
out.
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Consider a tax-free exchange if you plan to
sell a piece of business property and replace it with other business or
investment property. On a qualified exchange, current tax liability
is deferred until you dispose of the new property.
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If you conduct business from your home, become familiar
with the rules for home office deductions. Accurate records
may preserve your deduction.
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Give gifts to employees, customers and clients, and
take a deduction for them. Such gifts cannot exceed $25 each.
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Keep
repairs separate. Ordinary repairs and maintenance on business
equipment and buildings are deductible business expenses. Improvements
which materially add to the value of the property or significantly prolong
its useful life must be depreciated over a period of years.
To avoid losing tax deductions for repairs
and maintenance, make major improvements completely apart from general
repairs and maintenance.
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Review your corporate income before year-end.
If you operate your business as a personal service corporation (a tax definition
that applies to taxpauers performing services in the fields of health,
law, engineering, architecture, accounting, actuarial science, performing
arts or consulting), be aware that such corporations now pay a flat 35%
on all taxable income.
Compare this rate with individual rates before
deciding whether to pay out all income as salaries or bonuses.
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Review your inventory at year-end. The
lower your inventory, the lower your net profit. You are not permitted
to undervalue your inventory or to state a lower inventory than you have.
You are permitted, however, to write inventory down to a reduced valuation
which you can substantiate.
Indentify any obselete or unsalable items
and write them off. Check the rules for disposing of such inventory.
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Don't miss business tax credits that are still available.
Congress often uses tax credits to encourage certain activities.
Regularly investigate those credits that might be available to your business.
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If you're self-employed, consider a Keogh retirement
plan. It can cut your current tax bill and provide with retirement
income.
A Keogh plan must cover your employees as
well. Keoghs must be established by December 31st of the tax year
in which you want to take a deduction for a contribution.
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If you're a small business, consider a SEP.
Small businesses often find pension and profit-sharing plans and even Keoghs
too complicated and costly to set p and administer. A SEP (somplified
employee pension plan) may be the answer. A SEP actually contains
individual retirement accounts or anniuties for each individual covered
under the plan. Employers with 25 or fewer employees should also
investigate the salary deferral option in SEPs.
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Don't overlook an IRA to cut your current taxes and
save for your retirement. Many people still qualify for a
fully deductible (up to $2,000) or partially deductible contribution.
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Don't subject yourself to tax penalties by misclassifying
an employee as an independent contractor. The IRS is aware
that employers prefer to treat workers as independent contractors to avaoid
paying fringe benefits and payroll taxes. If you're not absolutely
sure how to treat a given worker, contact us.
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Avoid the alternative minimum tax. If
it cannot be avoided, you may be able to use it to your advantage in a
given year. But you must know where you stand before year-end and
give yourself time to execute tax-saving strategies.
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Use your tax advisor wisely. We can
best serve you by assisting you in carefully planning your important financial
moves so they're structured to minimuze taxes. Please check proposed
transactions with us before you complete them.
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