Below, are the new reporting requirements necessary for most entities introduced by the Corporate Transparency Act (CTA). Here, you will find the critical components of the CTA and how they relate to you as a business owner, including information on how to file the Beneficial Ownership Information Report (BOIR).
The CTA mandates the disclosure of beneficial ownership information for specific entities, which includes the disclosure of the individuals who own and/or control a company. This reporting requirement aims to assist U.S. law enforcement agencies in combating money laundering, the financing of terrorism, and other illegal activities.
Domestic companies required to report include corporations, limited liability companies (LLCs), or any similar entity created by filing a document with a secretary of state or any similar office under the law of a state or Indian Tribe.
Certain "large operating entities" are exempt from filing. To qualify for the exemption, a company must:
1. Employ more than 20 people in the U.S.
2. Have reported gross revenue of over $5 million on the prior year's tax return; and
3. Be physically present in the U.S.
If this exemption does not pertain to your company, you must file. You can do so directly with FinCEN for free at https://www.fincen.gov/boi.
Filing Deadlines:
For new entities created or registered after December 31, 2023, you must file within 90 days of creation/registration.
Penalties for Non-Compliance:
Failure to comply or filing false or materially incomplete information can result in civil penalties of $500 per day and criminal penalties of up to $10,000 and two years of jail time.
Please do not hesitate to contact our office for more information.
- Henry Dean, CPA, PA
Currently the estate tax exemption is $13,610,000.00 per spouse in 2024. Which means that upon the death of the first spouse the surviving spouse is required to file form 706 if the estate's gross fair market value of assets is greater than $13.61 million and pay tax at an accelerated tax rate up to 40%. This provision remains in effect only through the end of 2025. After that, the amounts are scheduled to return to 2017 levels in 2026. Adjusted for inflation, the single taxpayer limit would drop back to an estimated $7 million. Therefore, now is the time for tax planning if you fall into this category.
Tip # 1: There is a portability option which allows the surviving spouse to utilize the unused exemption amount of the decedent. Therefore, even though one is not required to file form 706 upon the death of the first spouse because the estate is less than $13.61 million, you may want to file form 706 anyway in order to obtain the portability option by checking the box on form 706. The unused estate exemption of the decedent will be added to the surviving spouse's exemption. With the large increase in home values and land values in Florida this is becoming more and more important.
The deadline to file form 706 is nine months after the decedent's date of death.
Tip #2: The gift tax provisions parallel the Estate tax provisions. Currently you are allowed to gift to any individual up to $18,000 per year without having to file the gift tax return form 709. Gifting amounts of more than $18,000 require you to file the gift tax return form 709 (its an information return) which will not have a tax due unless you gift more than $13,610,000.00 in ones lifetime. You may want to consider gifting large amounts to family members, other than your spouse, to utilize the current $13.61 million exemption before it sunsets back to $7 million in 2026.
Feel free to call our office and make an appointment if any of the above applies to you.
Henry Dean, CPA
December 31, 2024: Deadline to contribute to corporate retirement plans for 2023.
Deadline for fiduciary's of irrevocable trusts to distribute net income to
beneficiaries (an exception applies).
Deadline to accelerate expenses into 2023 and/or defer income into 2024
Deadline to give to charities for 2023
March 15, 2025: Deadline to file Corporate Tax Returns.
April 15, 2025: Deadline to file Individual Tax Returns
Deadline to make individual retirement contributions for 2023 tax year.
Deadline to file form 4868 Form to request an extension.
Deadline to file Form 1041 for trusts and estates.
September 16, 2025:Deadline to file S-Corp Tax Returns on extension.
October 16, 2025: Deadline to file Individual Tax Returns on extension
Leverage the standard deduction by bunching deductible expenditures (such as medical expenses) in one year or the other. Are your 2024 itemized deductions (Schedule A, Line 17 of your 2023 tax return Form 1040) likely to be just under, or just over, the standard deduction amount listed below for 2024? If so, consider the strategy of bunching expenditures for itemized deduction items every other year, while claiming the standard deduction in the intervening years. The 2024 standard deduction is $29,200 for joint filers, $14,600 for those single filers, and $21,900 for head of household filers.
A note from the desk of Henry Dean: If your itemized deductions (annual mortgage interest, property taxes and charity) miscellaneous deductions, for the most part, are no longer deductible, is close to your standard deduction (which pretty much doubled) - call us before year end. Also, do not forget to donate tangible property to charities. On your charitable contributions receipt be sure to itemize the items given to charity.
Because charities (Churches, Temples and other 501 (c) organizations such as Salvation Army, Goodwill, Vietnam Vets etc.) took the most severe hit with the new tax laws; consider gifting unused vehicles or appreciated stock before year end. By gifting long term (stocks held more that one year) appreciated stock to a charity you will receive a deduction (if you itemize) of the Fair Market Value on your tax return and the charity will be able to sell the stocks tax free.
The most basic estate tax planning tool is the ability to gift (cash or tangible property) to anyone up to $18,000 per recipient. Gifting removes assets from the donor's estate which reduces the
amount of future taxable estate assets.
If the donor gifts more than $18,000 ($36,000 per married couple) to anyone during the year, then the donor must file a gift tax return (form 709). Tax is normally not owed as a result of filing a gift tax return (unless the gift(s) over a lifetime exceeds the estate exclusion amount which is $13.61 million ($37.22 million per married couple) for 2024.
*Gifts do not include amounts paid for medical, education, or political contributions.
Taxes that are withheld from wages are deemed to have been withheld on a ratable basis on the estimated tax payment dates throughout the year. This can be beneficial if at year end you find that you have underpaid prior quarters' estimated taxes. If your employer will withhold more tax, a portion of that amount will be deemed to have been retroactively and evenly paid in prior quarters, possibly mitigating an estimated tax underpayment penalty. Similar withholding rules apply to distributions from IRAs. If it is advantageous, you can withdraw from your IRA and have tax withheld. The taxes that are withheld are deemed to have been withheld on a ratable basis on the estimated tax payment dates throughout the year. Because you would incur income tax on withdrawn amounts, this is highly encouraged if you are over 72 and have to withdraw required minimum distributions. In that case, you would not be incurring additional income tax since you must withdraw from your IRA as opposed to having more tax withheld from your required minimum distributions.
Method #1: 90% Rule Each quarter, pay 25% of 90% of the current year's tax. This requires that you predict the current year's tax.
Method #2: 100/110% Rule
Method #3: Annualization Each quarter, based on the year-to-date pace of your income, you predict what would be 90% of the current year's tax. You pay 25% of that for the first quarter. For the second quarter, you pay whatever additional amount would make your year-to-date estimated tax payments total 50% of 90% of the predicted tax. This annualized method can be favorable if your income is not earned evenly throughout the year.
Even though the Tax Reform of 2017 increased the estate tax exclusion amount from $5,000,000 to $10,000,000 per person ($11,700,000 for 2021, 12,060,000 for 2022, $12,092,000 for 2023 and $13,610,000.00 for 2024) estate planning is still important. If your estate is in the $5,000,000 range, there is opportunity. The tax planning opportunity in the new increased estate exclusion amount is the portability of unused exclusion amount of the first spouse to die. For example, if the net estate (assets minus liabilities) is $4,000,000 and the family assets are properly titled $2,000,000 for each spouse, the unused exclusion amount upon the death of the first spouse of $9,700,000 ($11,700,000 minus 2,000,000) can carry over to the surviving spouse. Therefore, if the surviving spouse should later have an inheritance, find oil on their property or hit the lottery (to name a few increases in wealth) their estate can shelter $21,400,000 ( $11,700,000 + $9,700,000) from estate taxes.
It may also be advantageous to accelerate some deductible expenses from next year to this year. For example, if you're self employed and a cash method taxpayer, you can accelerate expenses by paying all of your business and itemized deductions before December 31, 2024. You can also reduce your taxable income by deferring income to 2025.
Know your new itemized deductions (property taxes are limited to $10,000 per year and miscellaneous itemized deductions were greatly modified). We will be updating our web site periodically so keep reviewing.
As you evaluate investments held in your taxable brokerage accounts, consider the impact of selling appreciated securities this year. The maximum federal income tax rate on long-term capital gains realized from 2024 sales of securities held longer than a year is 0%, 15% and 20% depending on your tax bracket. Therefore, it often makes sense to hold appreciated securities for at least a year and a day before selling. Selling under performing securities (securities that are currently worth less than you paid for them) before year-end may also be beneficial. The resulting capital losses will offset capital gains from other sales this year, including short-term gains from securities owned for one year or less, which could otherwise be taxed at higher ordinary income tax rates. Do not concern yourself with paying a higher tax rate on short-term gains if you have enough capital losses to shelter them.
If capital losses for this year exceed capital gains, you will have a net capital loss for 2024. You can use that net capital loss to shelter up to $3,000 of this year's high taxed ordinary income from salaries, bonuses, self-employment, etc., ($1,500 if you're married and file separately). Any excess net capital loss is carried forward to next year.
Finally, most business retirement plans require funding before year end in order to get the deduction in 2024. Therefore, if your business is showing a profit for 2024, be sure to fund 401ks, SIMPLE IRAs, and other similar plans before year end (both employer portion and employee portion). New plans, such as Simple IRAs for a business, must be established before 10/1/2024. If you do not own a business or you are not enrolled in your employer's retirement plan, you have until 4/15/2025 to contribute to your IRA for 2024 (call us if you are not sure about whether to contribute to a traditional IRA or a Roth IRA).
Trustees and personal representatives should be sure to distribute net income (DNI) earned by trusts out to the beneficiaries before year end, 12/31, or be subject to considerable trust taxes.
In 2024, a trust is subject to a 37% tax on amounts of undistributed taxable income exceeding $15,200. If the trustee distributes DNI out to the beneficiaries of the trust before 12/31/24 (keeping in mind the 65 day rule - call our office if you are in this situation), then the 37% rate is not relevant until taxable income exceeds $ $609,350 for single individuals and $731,200 for married individuals filing jointly.
Also, trusts are subject to a 3.8% net investment income (NII) tax. The NII was created by the Health Care and Education Reconciliation Act of 2010 to help fund health care reform. As previously noted, the highest income tax bracket threshold applicable to trusts is $15,200 for 2024. The thresholds concerning NII for single and joint filers are $200,000 and $250,000, respectively for 2024.
It is generally wise to distribute DNI from trusts to its beneficiaries before year end (or use the 65 day rule). Trustees and financial advisers who think it is prudent to hold onto money earned by a trust are not exercising due professional care and this is realized when the tax returns are filed.
The tax laws generally require individuals with retirement accounts to take annual withdrawals based on the size of their account and their age beginning with the year they reach age 72. Failure to take a required withdrawal can result in a penalty of 50% of the amount not withdrawn.
If you turned age 72 in 2024, you can delay your 2024 required distribution to 2025. Give this decision careful consideration, though, as this will result in two distributions in 2024 - the amount required for 2024 plus the amount required for 2025, which might qualify you for a higher tax bracket or trigger the 3.8% net investment income tax. However, it could be beneficial to take both distributions in 2024 if you expect to be in a substantially lower bracket in 2025.
The new tax laws completely eliminates the deduction for exemptions. Therefore, taxpayers with children have lost valuable tax treatment in the areas of dependency deductions and the ability to deduct students, 24 yrs of age and under, from their parents tax returns. To counter this unfavorable tax treatment parents who own their own businesses should put their children to work in the family business. The family can now shelter up to $12,550 per child by letting them file their own tax returns.
Although, you can't get Child Tax Credits for dependents over 17 years of age, you can now get Credit for Other Dependents at $500 for each dependent (who meets certain conditions).
For the 2024 tax year, the child tax credit is $2,000 per dependent if your modified adjusted gross income is $400,000 or below ( for married filing jointly) or $200,000 or below (for all other filers). If your MAGI exceeds these limits, the credit is reduced by $50 for each $1,000 of income above the threshold until it phases out completely.
The additional child tax credit is the refundable portion, is worth up to $1,700.
Lastly, there will no longer be advance credit payments in 2024. The only way this credit can be received is when you file your tax return.
Disclaimer under IRS Circular 230:
Unless expressly stated otherwise in this transmission, nothing contained in this message is intended or written to be used, nor may it be relied upon or used to (1) by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended and/or (2) by any person to support the promotion or marketing of or to recommend any Federal tax transaction(s) or matter(s) addressed in this message. If you desire formal opinion on a particular tax matter for the purpose of avoiding the imposition of any penalties, we will discuss the additional Treasury requirements that must be met and whether it is possible to meet those requirements under circumstances, as well as the anticipated time and additional fees involved.
Copyright © 2017 henrydeancpa,pa - All Rights Reserved.
Powered by GoDaddy