Monthly Archives: January 2017

Tax Treatment of Business Entities Part 3: Partnership

Startup business owners must consider the legal and tax considerations associated with selecting a particular type of business structure. This is the third part of a series of blogs on the tax treatment of business entities. This blog will address the tax treatment of partnerships.

A partnership is an association of two or more persons who carry on a trade or business. Each partner shares in the profits and losses of the business enterprise, while contributing money, property, labor or skill to its operation.

Tax Treatment of Business Entities Part 2: LLCs

Startup business owners must consider the legal and tax considerations associated with selecting a particular type of business structure. This is the second part of a series of blogs on the tax treatment of business entities. This blog will address the tax treatment of limited liability companies (LLCs). LLCs are used by many business owners because, like corporations, their owners typically have limited personal liability for the debts and activities of the LLC. In contrast, some features of LLCs are similar to a partnership, such as pass-through or flow-through taxation.

Reminder: Employers Face New Jan. 31 W-2 Filing Deadline

REMINDER: Employers and small businesses have a new deadline, January 31, 2017, for filing Forms W-2. The acceleration of this deadline is the result of a new federal law aimed at helping the IRS detect and prevent refund fraud. For similar reasons, the new law also requires the IRS to hold refunds involving two key refundable tax credits until at least February 15, 2017. The January 31 deadline of past years for employers furnishing copies of Forms W-2 to their employees remains the same.

Tax Treatment of Business Entities Part 1: Introduction

When starting a business enterprise, one of the most significant and important decisions to make is the choice regarding the legal form to use in operating the business. The alternatives include sole proprietorship, partnership, corporation (C corporation), S corporation, and limited liability company (LLC). Startup business owners must consider the legal and tax considerations associated with selecting a particular type of business structure. This is the first part of a series of blogs on the tax treatment of business entities.

Is Income Of An LLC Member Subject To Self-Employment Tax?

Unlike corporations which are treated as separate tax entities, the IRS and the Tax Code treat LLCs as “pass-through” entities. Thus, an LLC or “Limited Liability Company” is a business structure that combines the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation. The IRS treats an LLC like a sole proprietorship or a partnership, depending on the number of members.

Why You Should File Past Due Tax Returns, Now!

Taxpayers that have failed to file tax returns for some extended period of time should strongly consider doing so immediately. Even if taxpayers have filed for an extension, time is of the essence to avoid costly penalties as the IRS assesses failure to file (FTF) and failure to pay (FTP) penalties in this situation.

The failure to file penalty is assessed at a rate of 5% per month or partial month up to a maximum rate of 25%. The failure to pay penalty is assessed at a rate of 0.5% per month or partial month up to a maximum rate of 25%. If the IRS assesses both the FTF and FTP penalties, the FTF penalty is reduced by the amount of the FTP penalty.

The (Trump’s) Net Operating Loss (NOL), Explained

At the beginning of October, the New York Times released pages from Donald Trump’s Connecticut, New Jersey and New York 1995 tax returns, apparently reflecting that the Donald declared “other income” of negative $916 million and was prepared to forego any federal income tax liability for up to 18 years by carrying forward this “net operating loss” (NOL). So what is a net operating loss?

Tax Implications of Reverse Mortgages

In the last fifteen years or so, television viewers, especially those watching late at night, have been inundated with commercials for reverse mortgages. A reverse mortgage allows a mortgagor, 62 or older, to continue living and retain title in the home; while receiving back his or her equity in the form of a monthly cash payment. The original home owner continues to pay for property insurance, taxes, and maintenance. If a home owner moves, sells, or dies, he or she (or his or her estate) must repay the loan.

Seven Deadly Tax Sins

7 Deadly Tax Sins

When it comes to the IRS, some bad acts are worse than others.  We have compiled below the top ones to avoid at all costs.  However, if you should find yourself in the middle of one, you should certainly call tax attorneys to get you out of the bad situation (yes, it is a bad situation).

Can Your Non-Profit Foundation Pay $10,000 For Your Self-Portrait, Like Trump?

In September, one of Donald Trump’s advisers offered an explanation regarding a portrait of Trump which was placed on display at a Florida golf resort owned by Trump. The Donald purchased the painting at a charity auction for $10,000 in 2014. The painting was paid for with a check from the Donald J. Trump Foundation, the tax records of which show no personal donations from Trump since 2008.

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