Selling Your Company

Posted on 15/07/201106/07/2020Categories Business TrendsTags , , , , , , , , , ,   Leave a comment on Selling Your Company

CPA firms, Accountants in Miami | Accounting Services in Miami | Accountants Miami | Certified Public Accountant in Miami | CPA in Miami | CPA Miami | Miami Accountant | Miami Accounting Firms | Miami CPA Firm | Miami CPA | Miami Accounting | Accountant 33157 | Accountant 33176 | Accountant 33186 | Accountant 33183 | Accountant MiamiAs a Miami Accountant, I’m oftemn approached with conversation about selling a company. I will kick off the conversation by laying out the key issues in a company sale. I think the key issues for you, your investors, and your Board to consider when you are selling your company are:

  1.    Price
       Consideration
       Reps, Warranties, and Escrow
       Integration plan
       Stay packages
       Governmental approvals
       Breakup fees
       Timing

Price is the amount the buyer will pay for the business. It is the most important issue and also the simplest.

Consideration is the mechanism the buyer will use to deliver the purchase price. The simplest form of consideration is cash in your local currency. That is also the most common form of consideration. Another common form of consideration is the acquirer’s stock. That could be publicly traded liquid stock or it could be illiquid private company stock. Buyers can also pay with debt obligations, earn out plans, and a host of other esoteric and less common forms of consideration.

Reps and Warranties are the legal promises and obligations you will take on as a seller. A portion of the purchase price is usually held back and escrowed for some period of time to backstop the reps and warranties. The escrow is usually a percentage of the purchase price. Ten percent is common but I’ve seen as little as 5% and as high as 25%.

The integration plan is the way the buyer plans to operate your business post acquisition. Many sellers don’t think this matters too much but I think it is critical. If you think about the interests of all the stakeholders in the business, not just the shareholders, then the integration plan becomes a very important part of the overall deal.

Stay packages are compensation plans put together by the buyer for your team. There may even be a stay package for you if the buyer wants you to stick around and most of the time they should. These packages are a combination of cash and stock that vests over a stay period. It is common that some of the consideration may be applied to stay packages, particularly unvested employee stock in your company.

The government, and not just your country’s government, may be required to approve the sale. This is not common for small deals. Anything sub $100mm would be very unlikely to require governmental approvals. Really big deals, like billion dollar plus transactions, often run into these issues. Big powerful companies that the government worries may have monopolistic properties will usually face governmental approvals for their acquisitions.

If your business will face negative consequences if the sale is announced and then does not close, you will want to ask the buyer to pay a breakup fee if the transaction does not close. Most buyers will resist agreeing to breakup fees but they do exist in many deals, particularly very large deals.

Timing is another important issue that many sellers don’t focus on. Sale transactions are very distracting for the senior team and often for the entire team. A long protracted sale transaction can be very harmful to the business and its stakeholders. You can put time commitments into the letter of intent to sell the company and you can expect the buyer to live up to them.

These are the most important issues in my experience when selling a business. For the next few Mondays we will focus on some real world case studies that will highlight many of these issues.

Gustavo A Viera CPA

CPA firms, Accountants in Miami | Accounting Services in Miami | Accountants Miami | Certified Public Accountant in Miami | CPA in Miami | CPA Miami | Miami Accountant | Miami Accounting Firms | Miami CPA Firm | Miami CPA | Miami Accounting | Accountant 33157 | Accountant 33176 | Accountant 33186 | Accountant 33183 | Accountant Miami

Selecting a Small Business Accountant

Posted on 26/05/201106/07/2020Categories Business TrendsTags , , , , , , , , , , , , , , , , , , , , , , , , ,   Leave a comment on Selecting a Small Business Accountant

Selecting a Small Business Accountant

Many small business owners do their finances and taxes on their own, so you may ask: why should I find an accountant? The reason: no matter what stage your small business is in, you can benefit from having an accountant on your side.

Why Hire an Accountant?

  • Accountants often do more than prepare tax forms for their small business clients. They can act as a trusted consultant and advisor to your small business. A good accountant would be able to advise you on growth opportunities, risk management, bookkeeping, and general financial planning.
  • If your small business is closely tied to your personal finances, a good accountant can help you make sound judgments that are beneficial to both your personal finances and your small business.  This guidance can be especially helpful when you’re just starting up and using your own funds to finance business expenses.
  • Accountants can serve as a great resource that you can tap into for recommendations on which loans to apply for, banks that satisfy your small business needs, and whatever you need on the finance end.

Good Practices for Choosing an Accountant

Here are some tips for avoiding common pitfalls and needless headaches in your search for a small business accountant:

  • Determine your needs
    There is no one-size-fits-all method for managing small business finances. Make sure that your accountant specializes in small businesses, and ideally has knowledge of your industry.  Beyond that, you will need to decide what level of support is appropriate and affordable for your business. Enrolled agents, certified public accountants, and tax attorneys bring different skills and charge different rates.
  • Just ask!
    Word of mouth is a good way to find good accountants. Talk to your family, friends, peers, even your attorney for recommendations. You can also inquire with institutions and organizations like the American Institute of Certified Public Accountants*, your state Board of Accountants, or a local Chamber of Commerce.
  • Interview your candidates
    Remember that you are hiring someone that will fulfill your business needs and requirements. Treat it like a job interview that you would give to any potential employee. Ask about:
  • Professional qualifications like their licenses and experience
  • Personnel who will actually do the work, and their response times
  • Fees and charges to make sure they are in line with your budget
  • Specialized services that you may want in the future – for example, audit support
  • Clientele (past and current) so you can gauge their expertise

 

What if My Current Accountant Isn’t a Good Fit?

 
If you had a bad experience with an accountant, take what you’ve learned to find a better fit for your business. You should also consider your timing – if you’re just about to file significant tax changes or take on a large financial project, you’ll want to leave yourself enough time to find someone new. After all, a rush to judgment could leave you in the same position you’re in.

Remember…

You are the person who is ultimately responsible for your taxes and finances. Be wary of accountants who promise things that seem too good to be true. If you have concerns about an accountant’s claims you should contact your state’s Board of Accountancy and/or the IRS Office of Professional Responsibility to check their licenses and ensure they are in good standing.

Gustavo A Viera CPA

CPA firms, Accountants in Miami | Accounting Services in Miami | Accountants Miami | Certified Public Accountant in Miami | CPA in Miami | CPA Miami | Miami Accountant | Miami Accounting Firms | Miami CPA Firm | Miami CPA | Miami Accounting | Accountant 33157 | Accountant 33176 | Accountant 33186 | Accountant 33183

Finding a CPA in Miami

Posted on 05/02/201106/07/2020Categories Business TrendsTags , , , , , , , , , , , , , ,   Leave a comment on Finding a CPA in Miami

Finding a CPA in Miami

A new Web site called Teaspiller launched on Tuesday with the aim of helping taxpayers find a Miami Accountant or Miami CPA especially during tax season. (Also works in other US cities)

Taking a page from the burgeoning Tea Party movement, Teaspiller also found inspiration from the Boston Tea Party. According to the company’s Web site, CEO Amit Vemuri, an Internet entrepreneur and former vice president at travel site Travelocity, was in a library reading up on tax and accounting history and came across an editorial reference to the Boston Tea Party protestors as “teaspillers.” He decided to use the name for the Web site he wanted to launch.

The company, which was founded in 2009, claims to already have a network of 20,000+ accountants across the country in place for the site launch. However, it’s going to be challenging some established sites like AccountantsWorld.com and CPAFinder.com, as well as services run by accounting organizations like the AICPA.

The New York-based startup claims to have several technology advantages, including complex algorithms to match various kinds of accounting and tax preparation needs with accountants who possess the appropriate skill sets and industry expertise.

Along with the search and matching technology, Teaspiller offers an individualized accountant reviews system. Maintained by the community, the reviews system aims to match accountants and customers based on factors such as tax preparation needs, specific industry characteristics and their associated tax issues, location, size, and more.

According to the announcement of the site’s launch, Vemuri wants to make his accountant-matching service into what Travelocity is for travel and Netflix is for movie rentals. Of course, if he follows in Netflix’s footsteps, he’ll have to figure out how to ship accountants in little postage-paid red envelopes or stream them over the Internet.

Gustavo A Viera CPA

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Selecting a Small Business Accountant

Posted on 05/02/2011Categories Business TrendsTags , , , , , ,   Leave a comment on Selecting a Small Business Accountant

Selecting a Small Business Accountant

Many small business owners do their finances and taxes on their own, so you may ask: why should I find an accountant? The reason: no matter what stage your small business is in, you can benefit from having an accountant on your side.

Why Hire an Accountant?

  • Accountants often do more than prepare tax forms for their small business clients. They can act as a trusted consultant and advisor to your small business. A good accountant would be able to advise you on growth opportunities, risk management, bookkeeping, and general financial planning.
  • If your small business is closely tied to your personal finances, a good accountant can help you make sound judgments that are beneficial to both your personal finances and your small business.  This guidance can be especially helpful when you’re just starting up and using your own funds to finance business expenses.
  • Accountants can serve as a great resource that you can tap into for recommendations on which loans to apply for, banks that satisfy your small business needs, and whatever you need on the finance end.

Good Practices for Choosing an Accountant

Here are some tips for avoiding common pitfalls and needless headaches in your search for a small business accountant:

  • Determine your needs
    There is no one-size-fits-all method for managing small business finances. Make sure that your accountant specializes in small businesses, and ideally has knowledge of your industry.  Beyond that, you will need to decide what level of support is appropriate and affordable for your business. Enrolled agents, certified public accountants, and tax attorneys bring different skills and charge different rates.
  • Just ask!
    Word of mouth is a good way to find good accountants. Talk to your family, friends, peers, even your attorney for recommendations. You can also inquire with institutions and organizations like the American Institute of Certified Public Accountants*, your state Board of Accountants, or a local Chamber of Commerce.
  • Interview your candidates
    Remember that you are hiring someone that will fulfill your business needs and requirements. Treat it like a job interview that you would give to any potential employee. Ask about:
  • Professional qualifications like their licenses and experience
  • Personnel who will actually do the work, and their response times
  • Fees and charges to make sure they are in line with your budget
  • Specialized services that you may want in the future – for example, audit support
  • Clientele (past and current) so you can gauge their expertise

 

What if My Current Accountant Isn’t a Good Fit?


If you had a bad experience with an accountant, take what you’ve learned to find a better fit for your business. You should also consider your timing – if you’re just about to file significant tax changes or take on a large financial project, you’ll want to leave yourself enough time to find someone new. After all, a rush to judgment could leave you in the same position you’re in.

Remember…

You are the person who is ultimately responsible for your taxes and finances. Be wary of accountants who promise things that seem too good to be true. If you have concerns about an accountant’s claims you should contact your state’s Board of Accountancy and/or the IRS Office of Professional Responsibility to check their licenses and ensure they are in good standing.

Gustavo A Viera CPA

CPA firms, Accountants in Miami | Accounting Services in Miami | Accountants Miami | Certified Public Accountant in Miami | CPA in Miami | CPA Miami | Miami Accountants | Miami Accounting Firms | Miami CPA Firm | Miami CPA

Selecting a Small Business Accountant

Posted on 05/02/2011Categories Business TrendsTags , , , , , ,   Leave a comment on Selecting a Small Business Accountant

Selecting a Small Business Accountant

Many small business owners do their finances and taxes on their own, so you may ask: why should I find an accountant? The reason: no matter what stage your small business is in, you can benefit from having an accountant on your side.

Why Hire an Accountant?

  • Accountants often do more than prepare tax forms for their small business clients. They can act as a trusted consultant and advisor to your small business. A good accountant would be able to advise you on growth opportunities, risk management, bookkeeping, and general financial planning.
  • If your small business is closely tied to your personal finances, a good accountant can help you make sound judgments that are beneficial to both your personal finances and your small business.  This guidance can be especially helpful when you’re just starting up and using your own funds to finance business expenses.
  • Accountants can serve as a great resource that you can tap into for recommendations on which loans to apply for, banks that satisfy your small business needs, and whatever you need on the finance end.

Good Practices for Choosing an Accountant

Here are some tips for avoiding common pitfalls and needless headaches in your search for a small business accountant:

  • Determine your needs
    There is no one-size-fits-all method for managing small business finances. Make sure that your accountant specializes in small businesses, and ideally has knowledge of your industry.  Beyond that, you will need to decide what level of support is appropriate and affordable for your business. Enrolled agents, certified public accountants, and tax attorneys bring different skills and charge different rates.
  • Just ask!
    Word of mouth is a good way to find good accountants. Talk to your family, friends, peers, even your attorney for recommendations. You can also inquire with institutions and organizations like the American Institute of Certified Public Accountants*, your state Board of Accountants, or a local Chamber of Commerce.
  • Interview your candidates
    Remember that you are hiring someone that will fulfill your business needs and requirements. Treat it like a job interview that you would give to any potential employee. Ask about:
  • Professional qualifications like their licenses and experience
  • Personnel who will actually do the work, and their response times
  • Fees and charges to make sure they are in line with your budget
  • Specialized services that you may want in the future – for example, audit support
  • Clientele (past and current) so you can gauge their expertise

 

What if My Current Accountant Isn’t a Good Fit?


If you had a bad experience with an accountant, take what you’ve learned to find a better fit for your business. You should also consider your timing – if you’re just about to file significant tax changes or take on a large financial project, you’ll want to leave yourself enough time to find someone new. After all, a rush to judgment could leave you in the same position you’re in.

Remember…

You are the person who is ultimately responsible for your taxes and finances. Be wary of accountants who promise things that seem too good to be true. If you have concerns about an accountant’s claims you should contact your state’s Board of Accountancy and/or the IRS Office of Professional Responsibility to check their licenses and ensure they are in good standing.

Gustavo A Viera CPA

CPA firms, Accountants in Miami | Accounting Services in Miami | Accountants Miami | Certified Public Accountant in Miami | CPA in Miami | CPA Miami | Miami Accountants | Miami Accounting Firms | Miami CPA Firm | Miami CPA

Selecting a Small Business Accountant

Posted on 05/02/2011Categories Business TrendsTags , , , , , ,   Leave a comment on Selecting a Small Business Accountant

Selecting a Small Business Accountant

Many small business owners do their finances and taxes on their own, so you may ask: why should I find an accountant? The reason: no matter what stage your small business is in, you can benefit from having an accountant on your side.

Why Hire an Accountant?

  • Accountants often do more than prepare tax forms for their small business clients. They can act as a trusted consultant and advisor to your small business. A good accountant would be able to advise you on growth opportunities, risk management, bookkeeping, and general financial planning.
  • If your small business is closely tied to your personal finances, a good accountant can help you make sound judgments that are beneficial to both your personal finances and your small business.  This guidance can be especially helpful when you’re just starting up and using your own funds to finance business expenses.
  • Accountants can serve as a great resource that you can tap into for recommendations on which loans to apply for, banks that satisfy your small business needs, and whatever you need on the finance end.

Good Practices for Choosing an Accountant

Here are some tips for avoiding common pitfalls and needless headaches in your search for a small business accountant:

  • Determine your needs
    There is no one-size-fits-all method for managing small business finances. Make sure that your accountant specializes in small businesses, and ideally has knowledge of your industry.  Beyond that, you will need to decide what level of support is appropriate and affordable for your business. Enrolled agents, certified public accountants, and tax attorneys bring different skills and charge different rates.
  • Just ask!
    Word of mouth is a good way to find good accountants. Talk to your family, friends, peers, even your attorney for recommendations. You can also inquire with institutions and organizations like the American Institute of Certified Public Accountants*, your state Board of Accountants, or a local Chamber of Commerce.
  • Interview your candidates
    Remember that you are hiring someone that will fulfill your business needs and requirements. Treat it like a job interview that you would give to any potential employee. Ask about:
  • Professional qualifications like their licenses and experience
  • Personnel who will actually do the work, and their response times
  • Fees and charges to make sure they are in line with your budget
  • Specialized services that you may want in the future – for example, audit support
  • Clientele (past and current) so you can gauge their expertise

 

What if My Current Accountant Isn’t a Good Fit?


If you had a bad experience with an accountant, take what you’ve learned to find a better fit for your business. You should also consider your timing – if you’re just about to file significant tax changes or take on a large financial project, you’ll want to leave yourself enough time to find someone new. After all, a rush to judgment could leave you in the same position you’re in.

Remember…

You are the person who is ultimately responsible for your taxes and finances. Be wary of accountants who promise things that seem too good to be true. If you have concerns about an accountant’s claims you should contact your state’s Board of Accountancy and/or the IRS Office of Professional Responsibility to check their licenses and ensure they are in good standing.

Gustavo A Viera CPA

CPA firms, Accountants in Miami | Accounting Services in Miami | Accountants Miami | Certified Public Accountant in Miami | CPA in Miami | CPA Miami | Miami Accountants | Miami Accounting Firms | Miami CPA Firm | Miami CPA

For itemizers IRS has set a tax-filing date of Feb. 14

Posted on 04/02/201106/07/2020Categories TaxTags , , , , , , , , , , , , , ,   Leave a comment on For itemizers IRS has set a tax-filing date of Feb. 14

For itemizers IRS has set a tax-filing date of Feb. 14

Taxpayers who claim itemized deductions will be able to file their federal tax returns starting Feb. 14, the IRS said Thursday.While the tax-filing season began on Jan. 4, the IRS announced last year that taxpayers who itemize — which includes just about everyone who has a mortgage — would have to wait until at least mid-February to file.

The IRS said the delay was necessary because it needed more time to program its systems to accommodate tax breaks included in the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010.

The legislation, which was signed into law Dec. 17, extended the Bush tax cuts through 2012. It also extended a number of expiring tax breaks, including the state and local sales tax deduction, higher education tuition and fees deduction, and educator expenses deduction.

Those who will have to wait until Feb. 14 to file their federal returns include:

•Taxpayers who claim itemized deductions on Schedule A. Itemized deductions include mortgage interest, charitable deductions, medical and dental expenses, and state and local taxes.

•Taxpayers who claim the educator expense deduction. This deduction allows teachers to deduct up to $250 in out-of-pocket costs for classroom materials. It’s an “above-the-line” deduction, which means taxpayers don’t have to itemize to claim it.

•Taxpayers who claim a deduction for their tuition and fees. This is also an above-the-line deduction.

Parents and students who claim other education credits, including the American Opportunity Tax Credit and Lifetime Learning Credit, will not have to wait to file, assuming they don’t itemize.

Gustavo A Viera CPA

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What Investors Want from a Business Plan

Posted on 04/02/2011Categories Business TrendsTags , , , , , , , , , ,   Leave a comment on What Investors Want from a Business Plan

What Investors Want from a Business Plan

Here are some things that an investor wants to see in a business plan submitted for consideration for investment.  And this is more-or less in order of importance, but that order is not as rigorous as a numbered list might imply.

1. Experienced team

I want people who have done startups before. They tend to know what they’re doing and where they’re going much better once they’ve been through that process. I don’t mind that much if they weren’t the leader before, and not even that the previous startups failed. I’d like them to know the territory because it reduces risk. 

I like a team more than the single entrepreneur.  Building a business takes different skills, so ideally a team has people with diverse experience around different functions of the business: Sales, marketing, administration, and so forth.

2. Believable exits

There’s some irony here, because we built our business without caring a bit about exits, but when I think like an investor, I want to know that the money I invest is going to generate money coming out of the company, going back into my bank account, later. 

So it’s not just a matter of having a good business.  It’s a good business that will grow well and become a business that gets acquired by a larger business in 3-5 years.  A lot of good businesses will never be interesting to an acquirer.  Is it scalable?  Is it defensible?  These things make huge differences.  It’s surprising to me how many people think they can get investors interested in a people-based service business, for which the assets walk out the door every night.  Products are much better for exit than services.

3. Real growth prospects

The key to investment success is making the business worth a lot more later than what it’s worth today. That takes growth. And growth is a matter of scalability and defensibility, which I included above under exits, plus the size of market, the nature of the need, and so forth.

4. Real planning

Like many investors, I can rule out some companies just from reading a summary memo or watching a pitch presentation.  But if I’m still interested after hearing the pitch and reading the summary, then I want to see a plan.  Pitches without plans are obvious, because they don’t have the potential to drill down into the granularity when questions come up.  And of course I like a plan that is easy to decipher and well written, but what I really look for is the pieces coming together.  I want to see the conceptual links between product, marketing, sales, and financial plans.  Are they aligned with each other?  Do they indicate understanding the keys to success?  Does this look like a plan that will be managed, that can be reviewed and revised, and will remain flexible?  Or is this a plan that was done once and then forgotten.  I want to see planning and management, not just a plan. 

A final thought

None of this is completely predictable. Good investments will sometimes appear that don’t have all of the characteristics I’ve listed here. Still, all things being equal, this is a good filter to start with.

Gustavo A Viera CPA

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Tax Changes for Small Businesses

Posted on 04/02/201106/07/2020Categories TaxTags , , , , , , , , , , , , , , ,   Leave a comment on Tax Changes for Small Businesses

Tax Changes for Small Businesses

During 2010, new laws, such as the Affordable Care Act and the Small Business Jobs Act of 2010, created or expanded deductions and credits that small businesses and self-employed individuals should consider when completing their tax returns and making business decisions in 2011.

Health Insurance Deduction Reduces Self Employment Tax

With the enactment of the Small Business Jobs Act of 2010, self-employed taxpayers who pay their own health insurance costs can now reduce their net earnings from self-employment by these costs. Previously, the self-employed health insurance deduction was allowed only for income tax purposes. For tax year 2010, self-employed taxpayers can also reduce their net earnings from self employment subject to SE taxes on Schedule SE by the amount of self-employed health insurance deduction claimed on line 29 on Form 1040.

Taxpayers can claim the self-employed health insurance deduction if the insurance plan is established under their business and if any of the following are true:

• They were self-employed and had a net profit for the year,

• They used one of the optional methods to figure net earnings from self-employment on Schedule SE, or

• They received wages from an S corporation in which the taxpayer was a more-than-2-percent shareholder.

During tax year 2008, the most recent year for which data is available, the self-employed health insurance deduction was claimed on 3.6 million tax returns, reducing taxpayers’ adjusted gross incomes by $21 billion.

Small Business Health Care Tax Credit

In general, the Small Business Health Care Tax Credit is available to small employers that pay at least half of the premiums for single health insurance coverage for their employees. It is specifically targeted to help small businesses and tax-exempt organizations that primarily employ moderate- and lower-income workers.

Small businesses can claim the credit for 2010 through 2013 and for any two years after that. For tax years 2010 to 2013, the maximum credit is 35 percent of premiums paid by eligible small businesses and 25 percent of premiums paid by eligible tax-exempt organizations. Beginning in 2014, the maximum tax credit will increase to 50 percent of premiums paid by eligible small business employers and 35 percent of premiums paid by eligible tax-exempt organizations.

The maximum credit goes to smaller employers –– those with 10 or fewer full-time equivalent (FTE) employees –– paying annual average wages of $25,000 or less. The credit is completely phased out for employers that have 25 or more FTEs or that pay average wages of $50,000 or more per year. Because the eligibility rules are based in part on the number of FTEs, not the number of employees, employers that use part-time workers may qualify even if they employ more than 25 individuals.

Eligible small businesses will first use Form 8941 to figure the credit and then include the amount of the credit as part of the general business credit on its income tax return.

General Business Credit for Employers

The general business credits of eligible small businesses in 2010 are not subject to alternative minimum tax The new law allows general business credits to offset both regular income tax and alternative minimum tax of eligible small businesses as described in Section 2012 of the Small Business Jobs Act. The provision is effective for any general business credits determined in the first taxable year beginning after December 31, 2009, and to any carryback of such credits. For a list of the general business credits, see Form 3800.
Small Businesses Can Benefit from Higher Expensing / Depreciation Limits

For tax years beginning in 2010 and 2011, small businesses can expense up to $500,000 of the first $2 million of certain business property placed in service during the year.

In general, businesses can choose to treat the cost of certain property as an expense and deduct it in the year the property is placed in service instead of depreciating it over several years. This property is frequently referred to as section 179 property, after the relevant section in the Internal Revenue Code.

Section 179 property is property that you acquire by purchase for use in the active conduct of your trade or business, including:

• Tangible personal property.

• Other tangible property (except buildings and their structural components) used as:

1. An integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electricity, gas, water, or sewage disposal services;

2. A research facility used in connection with any of the activities in (1) above; or

3. A facility used in connection with any of the activities in (1) above for the bulk storage of fungible commodities.

• Single purpose agricultural (livestock) or horticultural structures.

• Storage facilities (except buildings and their structural components) used in connection with distributing petroleum or any primary product of petroleum.

• Off-the-shelf computer software.
Section 179 property generally does not include land, investment property (section 212 property), property used mainly outside the United States, property used mainly to furnish lodging and air conditioning or heating units.

The Small Business Jobs Act (SBJA) of  2010 increases the section 179 limitations on expensing of depreciable business assets for tax years beginning in 2010 and 2011 and expands temporarily the definition of section 179 property, for tax years beginning in 2010 and 2011, to include certain qualified real property a taxpayer elects to treat as section 179 property. Qualified real property means qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property.  

The $500,000 amount provided under the new law is reduced, but not below zero, if the cost of all section 179 property placed in service by the taxpayer during the tax year exceeds $2 million.

For tax years beginning in 2012, the maximum amount is $125,000; before enactment of the 2010 tax relief legislation, it was set at $25,000.
Depreciation limits on business vehicles

The total depreciation deduction (including the section 179 expense deduction and the 50 or 100 percent bonus depreciation) you can take for a passenger automobile (that is not a truck or a van) you use in your business and first placed in service in 2010 is increased to $11,060. The maximum deduction you can take for a truck or van you use in your business and first placed in service in 2010 is increased to $11,160.  If you do not take any bonus depreciation for the passenger automobile, truck, or van you use in your business and first placed in service in 2010, the maximum deduction you can take for a passenger automobile is $3,060 and for a truck or van is $3,160.

50 or 100 Percent Bonus Depreciation

Generally, businesses can take a special depreciation allowance to recover part of the cost of qualified property placed in service during the tax year. The allowance applies only for the first year you place the property in service.

Businesses that acquire and place qualified property into service after Sept. 8, 2010 can now claim a depreciation allowance of 100 percent of the cost of the property. The property must be placed in service before Jan. 1, 2012 (Jan. 14, 2013 in the case of certain longer-lived and transportation property).   Businesses that acquire qualified property during 2010 on or before Sept. 8, 2010 can claim a depreciation allowance of 50 percent of the cost of the property.  The property must be placed in service before Jan. 1, 2013 (Jan. 1, 2014 in the case of certain longer production period property and for certain aircraft.)

The allowance is an additional deduction you can take after any section 179 deduction and before you figure regular depreciation under MACRS for the year you place the property in service. The types of property that can be depreciated are described in the instructions to Form 4562.  

Small Businesses To Use EFTPS for Deposits Beginning in 2011

The paper coupon system for Federal Tax Deposits will no longer be maintained by the Treasury Department after Dec. 31, 2010. Most businesses must now make deposits and pay federal taxes through the Electronic Federal Tax Payment System (EFTPS).

Using EFTPS to make federal tax deposits provides substantial benefits to both taxpayers and the government. EFTPS users can make tax payments 24 hours a day, seven days a week from home or the office.

Deposits can be made online with a computer or by telephone. EFTPS also significantly reduces payment-related errors that could result in a penalty. The system helps taxpayers schedule dates to make payments even when they are out of town or on vacation when a payment is due. EFTPS business users can schedule payments up to 120 days in advance of the desired payment date.

Information on EFTPS, including how to enroll, can be found on line or by calling EFTPS Customer Service at 1-800-555-4477.

Gustavo A Viera CPA

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Senate Passes 1099 Repeal Amendment

Posted on 04/02/201106/07/2020Categories TaxTags , , , , , , , , , , , , , , ,   Leave a comment on Senate Passes 1099 Repeal Amendment

Senate Passes 1099 Repeal Amendment

Miami CPA Gustavo Viera reports that the Senate approved an amendment Wednesday to repeal the expanded 1099 information reporting requirements in the health care reform law.

Two similar, but competing amendments were introduced this week by Democratic and Republican lawmakers to be attached to a larger re-authorization bill for the Federal Aviation Administration (see 1099 Repeal Amendments Proposed for Aviation Administration). One came from Sen. Debbie Stabenow, D-Mich., and the other from Sen. Mike Johanns, R-Neb., who had both introduced earlier attempts to repeal the 1099 reporting requirements.

The two amendments mainly differed in a few words regarding the handling of administrative expenses at the Social Security Administration. To avoid adding to the budget deficit, Stabenow’s amendment authorizes the director of the Office of Management and Budget to cut unnecessary unobligated spending, but exempts the Social Security Administration’s administrative expenses from being cut. There are also differences in the cost estimates of the two amendments and in how they would be offset.

The repeal of the 1099 reporting requirements enjoyed broad bipartisan support. The requirements, which were included in the Patient Protection and Affordable Care Act, would have required businesses to report to the Internal Revenue Service any purchases of goods and services over $600 a year from another business or individual.

Senate Finance Committee Chairman Max Baucus, D-Mont., who has tried several times to get the 1099 reporting requirements repealed, hailed the approval of the amendment containing language exempting the Social Security Administration’s expenses. The Senate voted 81-17 to reject a point of order that had been raised against the Stabenow amendment.

“We heard small businesses loud and clear, and today both parties came together in a bipartisan manner to respond to their concerns,” Baucus said in a statement.  “Eliminating these paperwork requirements lets small businesses focus on the critical work of growing their businesses and creating jobs. This amendment is paid for by cutting spending in other areas, but we took the extra steps to ensure that not a thin dime of Social Security money is used. The common-sense solution we passed today delivers the paperwork relief small businesses need while protecting and preserving the crucial Social Security and veterans benefits millions of people in Montana and across the country rely on.”

The larger, $34.5 billion FAA legislation enjoys wide bipartisan support and includes $8 billion for airport construction and infrastructure improvement. It also would establish a whistleblower office at the FAA, upgrade air control technologies, and create a national review board that would travel to FAA offices to perform safety audits.

There was no vote on the Johanns amendment on Wednesday. However, he hailed the passage of the repeal, pointing out that the Stabenow amendment was nearly identical to the language of the Small Business Paperwork Elimination Act that he had introduced, which had attracted 61 co-sponsors, including 16 Democrats.

“I’m thrilled that after multiple attempts to repeal this burdensome mandate, the Senate has finally done the right thing in voting to repeal it,” Johanns said in a statement. “The small business owners and organizations who stepped forward in opposition to this 1099 overreach were instrumental in sustaining the momentum that has resulted in wide bipartisan support. I look forward to continuing the effort to repeal the health care law and finding true solutions to our health care challenges. This is a big victory for our job creators.”

Stabenow also praised passage of the amendment. “Today we provided a common-sense solution for business owners so they can focus on creating jobs, not filling out paperwork for the IRS,” she said. “Since last year, I have worked with my colleagues on both sides of the aisle to address this problem. If left unchecked, 40 million small businesses would see their IRS 1099 paperwork increase 2000 percent.”

Gustavo A Viera CPA

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