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Tax

Sep 28
0

Tax News for Nonprofits

By | Accounting, Nonprofit, Tax | No Comments

Tax law changes all the time and, with the pandemic, it’s shifting more frequently than ever. Minor changes can add up to big savings (or big mistakes if you’re unaware of them). Here’s a roundup of the latest tax news that nonprofit accounting and finance professionals need to know. Our previous tax tips update may also be helpful.

Paycheck Protection Program Loan Forgiveness Is Deductible

Originally, the IRS ruled in Notice 2020-32 and Rev. Rul. 2020-27 that Paycheck Protection Program loan recipients could not deduct expenses that are normally deductible under the extent the payment of those expenses resulted in PPP loan forgiveness. However, that ruling became obsolete with Rev. Rul. 2021-2.

Congress clarified in the Consolidated Appropriations Act, 2021 (CAA), P.L. 116-260 that deductions are allowed for otherwise deductible expenses paid with the proceeds of a PPP loan that is forgiven. The tax basis and other attributes of the borrower’s assets are not reduced as a result of the loan. This was clarified in December 2020. There is now a safe harbor provision for those who filed a tax year 2020 return on or before Dec. 27, 2020, to deduct those expenses on their 2021 tax return rather than file amended returns or administrative adjustment requests if they are a “covered taxpayer” (as defined in the revenue procedure) and they satisfy all of the requirements for the time and manner of making the election to apply the safe harbor.

Food and Beverage Deductions

50% or 100%? That’s what everyone wants to know.

Typically, food and beverage deductions are 50%. A restaurant meal for business purposes, for example, counts as a 50% deduction.

However, the IRS temporarily increased it to 100%. Under Sec. 274(n)(1), a deduction for any expense for food or beverages is generally limited to 50% of the amount that would otherwise be deductible. The Consolidated Appropriations Act, 2021, P.L. 116-260 removed that limitation for amounts paid or incurred after Dec. 31, 2020, and before Jan. 1, 2023, for food or beverages provided by a restaurant (Sec. 274(n)(2)(D)).

Now, of course, we need to define “restaurant.” According to the definition that applies here, it is any establishment that prepares and sells food or beverages for immediate consumption on or off-premises. A coffee shop that sells breakfast sandwiches and coffee drinks for consumption on-premises or take away would count for 100% deduction but a kiosk or vending machine selling the same products does not.

So, schedule those breakfast, lunch, and dinner meetings as long as it’s safe to do so in your area. Now is the time to patronize local establishments for business meetings (and save your receipts for your accountant).

American Rescue Plan Adds to Wages Qualifying for Sections 3131 and 3132 Credits

The American Rescue Plan is another economic relief package for American families adversely affected by the continuing health crisis. The IRS sent a reminder that under this plan, employers with 500 or fewer workers can take a credit equal to the wages paid to employees for a paid day off to be vaccinated.

IRS Extends E-Signature

The IRS has extended its provision to accept e-signatures on many forms until December 31, 2021. The ongoing pandemic has necessitated that not only will they extend the deadline, but they are also adding more forms. Many of these forms can now be signed remotely, then printed or scanned and sent to the IRS, making it easier to complete required paperwork during the pandemic.

Welter Consulting

Welter Consulting bridges people and technology together for effective solutions for nonprofit organizations. We offer software and services that can help you with your accounting needs. Please contact Welter Consulting at 206-605-3113 for more information.

Jul 28
0

Four Important Tax Matters for Nonprofits

By | Nonprofit, Tax | No Comments

While there are many tax issues that nonprofits must be aware of, these four are often misunderstood or overlooked. Between unusual circumstances and foreign income tax, how many of these tax matters does your nonprofit face?

Line Items

Recent updates from the IRS may be to your organization’s advantage.

  • IRS Announcement 2021-7 states that amounts paid for hand sanitizer, sanitizing wipes, personal protective equipment and masks by the taxpayer may be treated as paid for medical care under Sec. 213 (d). That’s if these expenses were incurred primarily to prevent the spread of COVID-19. If your organization purchased this equipment, IRS 2021-7 may apply. Unreimbursed amounts are deductible as an itemized medical expense to the extent that, along with other allowable medical expenses, they exceed 7.5% of adjusted gross income. Or they may be paid for or reimbursed from a health savings account. Check to see if your organization’s Group Medical Plan has been amended to also cover protective and sanitizing equipment.
  • The IRS also posted COVID Tax Tips which guides employers through how to pay for their portion of Social Security tax of certain employees that were deferred from Sept. 1, 2020, through Dec. 31, 2020. This information supersedes Notice 2020-65 and Notice 2021-11. According to the latest update from the IRS, employers can make the deferred payments through the Electronic Federal Tax Payment System (EFTPS) or by credit or debit card, money order, or check. The IRS asked that employers separate these payments from other tax payments and promised that an option for ‘deferral payment’ would be added to the EFTPS system to make it easier to identify the tax payment as one for the deferred Social Security tax.

T.D. 9940 issued by the IRS provides helpful information on how to correct tax funds that are misdirected or direct deposited to the wrong bank account. The procedures are mandated in Sec. 6402(n) in the Taxpayer First Act, P.L. 116-25.

Key takeaway: Nonprofits may be able to deduct the cost of sanitizing supplies to combat COVID. Guidelines are also out now to help employers pay their portion of deferred Social Security.

Charitable Bequests

For those organizations that receive charitable bequests, it is worth noting that the Tax Court has examined the issues of charitable bequests; it redetermined the value for gift and estate tax purposes of interests in limited liability companies (LLCs) holding real estate, ground leases, and leased-fee interests. The court upheld the IRS’s determination that a discount applied to property should be split between two charitable donees. The case that the court ruled on may be read in full in Tax Bulletin 2021-17.

Key takeaway: Nonprofits should check with their accountants regarding charitable bequests, especially if they involve real estate.

Gambling Losses

In another update, the Tax Court recently ruled that a taxpayer sufficiently substantiated gambling losses of at least as much as gambling winning reported for the year.

The case that brought about this ruling centered on John Coleman, an insurance agent whose compulsive gambling offset his earnings as an agent. Despite gambling winnings in excess of $350,00 in 2014, Coleman failed to file his income taxes. Typically, taxpayers who do not gamble for their trade may itemize their deductions to including gambling losses, to the extent of any gambling winnings.

Coleman, through a detailed retrace of his receipts and expert testimony, presented his evidence. The court found reasonable evidence to support Coleman’s substantiation of his losses. (The complete case may be read at TC 2020-146.)

Key takeaway: Records from the casinos, plus expert evidence on the probability of slot machines, were upheld by the court as evidence in a tax-related case. Casinos should take note that their records of patron activities might be called upon to substantiate an IRS filing.

Should You Opt-In for a PIN?

PIN numbers are ubiquitous. You’ve probably used a person identification number (PIN) in the last week or two to access your bank account or conduct other secure transactions.

Now, the IRS is offering taxpayers the option of using PINS to verify their identity online. The program is voluntary and allows taxpayers to opt-in to receive a PIN to prevent identity theft.

Key takeaway: The FTC stated that in 2020, over 167,000 people reported identity theft. It’s a continuing problem. If you were the victim of identity theft, it may be a good idea to request an IRS PIN. Or, if you feel like your organization may be open to tax refund or identity theft, talk to your tax preparer about requesting a PIN.

Keeping up-to-date with tax changes can be challenging, but following this blog makes it much easier. We hope you’ll bookmark our site to watch for future updates.

Welter Consulting

Welter Consulting bridges people and technology together for effective solutions for nonprofit organizations. We offer software and services that can help you with your accounting needs. Please contact Welter Consulting at 206-605-3113 for more information.

Mar 30
0

What Nonprofits Need to Know About the Consolidated Appropriations Act of 2021

By | Government, Nonprofit, Tax | No Comments

The Consolidated Appropriations Act of 2021 offers relief to nonprofits hit hard by the coronavirus pandemic. The new relief efforts clarify elements of the Paycheck Protection Program, offer funding for new loans (PPP2), enhance the employer tax credit, and extend employee benefit modifications.

Paycheck Protection Program Updates

The Paycheck Protection Program offered significant benefits to help organizations retain employees who might otherwise go on unemployment benefits. PPP2, an extension or continuation of the Paycheck Protection Program, allocated $284.45 billion for loans, $43.5 billion in Small Business Administration (SBA) debt relief, and $20 billion for certain live venues and cultural institutions that remain shut down or have significant operational restrictions due to the pandemic.

The new Act not only extends the PPP2 loans into 2021 but provides additional guidance and clarification. Nonprofit managers should now focus on PPP loan forgiveness and whether or not they should access funding under the new PPP2.

PPP2: New Guidelines

PPP2 comes with brand new guidelines for potential borrowers, so it is important for nonprofits to review the guidelines again in light of these changes. It encompasses organizations with 300 or fewer employees and reduces the maximum loan amount from. $10 million to $2 million. If your organization did not previously quality for the Paycheck Protection Program, these changes may qualify it in 2021.

SBA Requires “Loan Necessary” Questionnaire

The new PPP act requires borrowers to complete a new questionnaire from the Small Business Administration attesting to the necessity of the loan. The new version of the questionnaire for nonprofit was finalized on November 30, 2020 and is an entirely separate requirement for the loan application. Nonprofits seeking loans of $2 million or more are required to complete both the questionnaire and the loan application. Note that evidence must accompany the responses, too, such as proof of liquidity and revenues between 2019 and 2020 and other facts to attest to the need for the loan.

Tax Treatment of PPP Loans

The PPP loan clarification also includes confirmation that any amount of PPP loans forgiven will not be taxable.

Employer Tax Credit Enhancements

Two employer tax credits are in the Consolidated Appropriations Act of 2021: Employee Retention Tax Credit and Employer Tax Credit for Family and Medical Leave.

Under the 2021 bill, the Employee Retention Tax Credit (ERTC) has been extended to employers who claim PPP loans. One important item to note: wages used to justify forgiveness of any PPP loan may not be used again to calculate the ERTC. Although this limits the possible benefits for recipients of PPP loans, it also expands the eligibility for the credit to others.

The Employer Tax Credit for Family and Medical Leave refundable payroll tax credits have been extended through March 2021. Note that this extension does not require an employer to provide the leave—it simply extends the credit for employers who voluntarily provide the leave.

The credit is equal to 12.5% of eligible wages if the rate of payment is 50% of such wages. It is increased by 0.25 percentage points (but not above 25%) for each percentage point that the rate of payment exceeds 50%. The maximum amount of family and medical leave that may be taken into account with respect to any qualifying employee is 12 weeks per taxable year.

Seek Professional Advice

As with any new bills, this one may take some time to fully understand its limits and ramifications. If you’re in doubt about the financial or tax implications to your organization, please contact Welter Consulting.

Welter Consulting

Welter Consulting bridges people and technology together for effective solutions for nonprofit organizations. We offer software and services that can help you with your accounting needs. Please contact Welter Consulting at 206-605-3113 for more information.

Jan 26
0

New Year, New Guidelines – 2021 Mileage, Retirement Plan Limits, and More

By | Accounting, Tax | No Comments

It’s 2021, and we all hope this year brings health, happiness, and prosperity to all. With the new year comes new guidelines for many aspects of accounting, so let’s dive right into the changes, updates, and other information you’ll need for your business accounting.

CARES Act Rules

The CARES Act provided economic relief to American workers and healthcare workers during the coronavirus crisis. First passed in March, the act was intended to provide aid and economic support to workers negatively impacted by the COVID-19 crisis. Several components of the ACT provided direct financial aid as well as assistance to businesses and individuals.

Several elements are involved in the CARES Act relief bill, but the ones potentially impacting nonprofits and their employees include:

  • Penalty for early withdrawal of IRA funds is waived on up to $100,000 withdrawn for coronavirus reasons.
  • For nonitemizers, up to $300 of cash donations may be deducted.
  • For itemizers, deduct charitable contributions of up to100% of AGI (adjusted gross income).

Nonprofits should seek to educate their donors about these changes to encourage additional donations. The Journal of Accountancy provides a tax season preview that offers additional insights into various effects and impacts of the CARES Act.

Additional information is available from Welter Consulting on the provisions of the CARES act for nonprofit organizations.

Mileage Reimbursement Changes

The business mileage rate is 56 cents per mile. Business mileage is no longer deductible as an unreimbursed employee business expense. Charitable services rate is 14 cents per mile.

Retirement Plan Limits

The maximum employee 401K deferral remains at $19,500 with $6,500 additional “catch up” for employees age 50 and older. The overall plan limit moves from $57,000 to $58,000. The defined benefit plan maximum is at $230,000.

The Roth IRA contribution limit is $6,000 with an added $1,000 for “catch up” for 50 and over. The Roth IRA contribution limit phaseout (MAGI) is $196,000 to $206,000 for married, filing jointly, and $124,000 to $139,000 for single head of household. Married, filing separately ranges from 0 to $10,000.

The SEP minimum required compensation is $600. The compensation limit for determining maximum allowable contributions by employer is $285,000.

Social Security Changes

The Social Security Administration also published their set of guidelines for 2021. This includes the number of credits needed to accrue from time in the workforce to qualify for social security, and much more. All employees of nonprofit organizations must still pay into the social security system; working for a tax-exempt organization does not exempt individuals from paying taxes, including social security and Medicare taxes.

Looking for Additional Information?

The IRS now has an opt-in form for exempt organizations to sign up for their ongoing news briefs. Each news brief contains an update about new materials for exempt organizations and links to the IRS publication pertaining to the update. It’s a time-saving service for nonprofits and available directly on the IRS website.

As the new year progresses, stay informed of the latest news from the accountancy and tax world for nonprofits right here at Welter Consulting. Welter Consulting bridges people and technology together for effective solutions for nonprofit organizations. We offer software and services that can help you with your accounting needs. Please contact Welter Consulting at 206-605-3113 for more information.