AMERICAN RESCUE PLAN ACT OF 2021: CHILD TAX CREDIT

AMERICAN RESCUE PLAN ACT OF 2021: CHILD TAX CREDIT

Under the American Rescue Plan Act (ARPA), the IRS will be releasing advance monthly child tax credit payments to eligible taxpayers in equal amounts starting July 15th. Following the first payment in July, the payments will go out on the 15th of each month through December of 2021.

Many taxpayers may want to unenroll using the link below if the amount of 2021 taxes owed are expected to be greater than the expected refund.

For taxpayers who are married filing jointly, each person must unenroll separately.

The payments will be as follows:

  • Up to $300 per month per child under age 6, and
  • Up to $250 per month per child ages 6-17.

For 2021, ARPA raised the child tax credit amount to up to $3,000 for each qualifying child between the ages of 6 and 17 at the end of the 2021 tax year, and $3,600 for each qualifying child under the age of 6 at the end of the 2021 tax year. ARPA also made the child tax credit for 2021 fully refundable if the taxpayer (or spouse, on a joint return) has a primary residence in the United States for more than half of the 2021 tax year.

For more detailed information and frequently asked questions about child tax credit payments, or to unenroll, visit the IRS Child Tax Credit Update Portal. Please call our office at 251-343-1012 if we can be of further assistance.

Changes To 2020 Form 1099

Changes to 2020 Form 1099

The IRS has a new Form 1099-NEC to report nonemployee compensation for tax year 2020. The IRS has also revised the Form 1099-MISC and rearranged box numbers for reporting certain income.

If your business has paid $600.00 or more in nonemployee compensation to an unincorporated entity in 2020, you will need to report the payment on Form 1099-NEC. If the payments are for legal services or for medical or health care, they must also be reported to incorporated entities.

If your business has paid $600.00 or more in rent (real property, machinery, or equipment) to an unincorporated entity in 2020, it will need to be reported on Form 1099-MISC. However, you do not have to report these payments on Form 1099-MISC if you paid them to a real estate agent or property manager.

A Form W-9 signed by the vendor should be obtained for each entity that you paid $600.00 or more and will need to report on a Form 1099-NEC or 1099-MISC. If possible, you should obtain a Form W-9 from each vendor that provides a service to your business, at the time of service. A Form W-9 can be downloaded from the IRS website at www.irs.gov.

The due date for filing 2020 Forms 1099-NEC is February 1, 2021. The due date for filing 2020 Forms 1099-MISC is March 1, 2021 for paper-filed returns and March 31, 2021 for electronically filed returns.

We will be glad to assist you with preparation and filing of your 1099s. We can also provide a spreadsheet to help input your information. If you would like for us to prepare your 1099s for you, we will need to receive your information no later than January 18, 2021. Please call us at 251-343-1012 if we can be of assistance.

Hurricane Sally Business Casualty Losses

Business Casualty Losses

For partial business losses, the deductible amount of the loss is the value of the destroyed portion or the adjusted basis of the property, whichever is less, reduced by insurance or other compensation received.

For business property that is completely destroyed, the deductible amount of the loss is the adjusted basis of the property minus any salvage value and any insurance or other compensation received or recoverable.  This is the case whether or not the fair market value (FMV) of the business property immediately preceding the total casualty is less than the adjusted basis of the property.

Two methods may be used to determine the decline in FMV of property damaged in a casualty:

  • Appraised value immediately before and immediately after the casualty to determine the amount of deductible loss.
  • Cost of repairing the damaged property to set the amount of the loss.

The IRS has announced relief related to Hurricane Sally. In summary, the filing and payment due dates for various individual and business tax returns due on or after September 14, 2020 have been extended to January 15, 2021. Please note this does not include an extension to pay your 2019 tax liability, it only extends the time to timely file the tax return. The IRS is offering this relief to any area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently this includes Baldwin, Escambia and Mobile counties in Alabama, but taxpayers in localities qualifying for individual assistance added later to the disaster area, elsewhere in the state and in neighboring states, will automatically receive the same filing and payment relief. The current list of eligible localities is always available on the disaster relief page on IRS.gov. The Alabama Department of Revenue is also offering similar relief. For more information, please go to the Alabama Department of Revenue Website.

If you have any questions, please call your accountant at CSB or our main office at 251-343-1012.

Hurricane Sally Personal Casualty Losses

Personal Casualty Losses

Hurricane Sally is a federally declared disaster and therefore personal casualty losses can be taken by taxpayers who itemize deductions.  The casualty loss deduction is subject to

  • $100 floor per casualty AND
  • 10% of adjusted gross income (AGI) limitation
  • The loss must exceed the $100 floor and 10% of AGI before it “counts” as a deduction.

Casualty losses can be taken for damaged property as well as property that is totally destroyed.  The amount of the loss is the lesser of

  • The adjusted basis of the property OR
  • The reduction in the property’s fair market value caused by the casualty
  • The loss must be reduced by the amount of any salvage value and insurance or other reimbursement received.

The IRS has provided safe harbors for calculating residential real property losses.

  • Estimated Repair Cost Safe Harbor Method – This method is available for losses of $20,000 or less. A taxpayer may use the lesser of two repair estimates prepared by two separate and independent contractors licensed in accordance with state or local regulations.
  • Insurance Safe Harbor Method – A taxpayer may determine the decrease in fair market value by using the estimated loss determined in reports prepared by the taxpayer’s insurance company.
  • Contractor Safe Harbor Method – A taxpayer may use the contract price for repairs as set out in an itemized contract prepared by a licensed contractor. The contract must be binding and signed by the taxpayer and the contractor.

The IRS has also established safe harbors for personal belonging losses based on replacement cost adjusted 10% for every year the item is owned.

Additionally, the IRS has announced relief related to Hurricane Sally. In summary, the filing and payment due dates for various individual and business tax returns due on or after September 14, 2020 have been extended to January 15, 2021. Please note this does not include an extension to pay your 2019 tax liability, it only extends the time to timely file the tax return. The IRS is offering this relief to any area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance. Currently this includes Baldwin, Escambia and Mobile counties in Alabama, but taxpayers in localities qualifying for individual assistance added later to the disaster area, elsewhere in the state and in neighboring states, will automatically receive the same filing and payment relief. The current list of eligible localities is always available on the disaster relief page on IRS.gov. The Alabama Department of Revenue is also offering similar relief. For more information, please go to the Alabama Department of Revenue Website.

If you have any questions, please call your accountant at CSB or our main office at 251-343-1012.

Crow Shields Bailey PC – The Families First Coronavirus Response Act

In response to the COVID-19 pandemic, Congress passed, and the President signed into law on March 18, 2020, the Families First Coronavirus Response Act.  The Act contains two sections that significantly alter the FMLA: the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (“FMLA Expansion”).

For full-time employees with more than 30 days of work history, the two sections work in conjunction to mandate 12 weeks of partially paid leave due to a school or child care facility closure.  As a stand-alone section, the Paid Sick Leave Provisions mandate 10 days of paid sick leave for all employees, regardless of work history.

To offset the cost of the Act, covered employers will receive dollar for dollar tax credits against quarterly payroll taxes, subject to the requirements of forthcoming Treasury Department regulations.

For small businesses, the Act is expected to provide some flexibility with respect to workers who return to work following a COVID-19 related illness or event, including whether or not they are allowed to return to work at all.  In some cases, small businesses may be exempted from the paid leave provisions of the Act entirely.

Covered employers must be prepared to implement the provisions of the Act on or before April 2, 2020. Covered employers are businesses with up to 500 employees.  The provisions of the Act are temporary and will automatically sunset on December 31, 2020.

Emergency Paid Sick Leave Act

Under the Emergency Paid Sick Leave Act, employers with fewer than 500 employees and government employers are required to provide all employees with paid sick leave for the following Covid-19 related reasons:

  1. The employee is subject to a federal, state, or local quarantine or isolation order;
  2. A health care provider has advised the employee to self-quarantine;
  3. The employee has symptoms of COVID-19 and is seeking diagnosis;
  4. The employee is caring for an individual subject to a federal, state, or local quarantine or isolation order related to COVID-19 or who has been advised to self-quarantine by a health care provider;
  5. The employee is caring for a child whose school or place of care has been closed, or whose child care provider is unavailable due to COVID-19 precautions; or
  6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.

For qualifying circumstances, employers are required to provide 10 days or 80 hours of paid sick leave at the employee’s regular rate, but not more than $511 per day or $5,110 in aggregate.  Those qualifying circumstances are:

  1. The employee is subject to federal, state, or local quarantine or isolation order.
  2. A health care provider has advised the employee to self-quarantine.
  3. The employee has symptoms of COVID-19 and is seeking diagnosis.

For other qualifying circumstances, the employer is required to pay 2/3rds of the employee’s regular pay, subject to a maximum of $200 per day and $2,000 in aggregate for the first 10 days of leave. Those qualifying circumstances are:

  1. The employee is caring for an individual subject to a federal, state, or local quarantine or isolation order related to COVID-19 or who has been advised to by a health care provider to self-quarantine.
  2. The employee is caring for a child if the child’s school or place of care has been closed, or the child care provider is unavailable due to COVID-19 precautions.
  3. The employee is experiencing any other substantially similar condition specified by the Secretary.

FMLA Expansion

The FMLA Expansion requires employers having less than 500 employees to provide 12 weeks of job protected FMLA leave to eligible employees who are unable to work because their child’s school or place of care has been closed, or the child care provider is unavailable due to the COVID-19 health emergency

The first 10 days of this leave is typically unpaid; however, some employees may qualify for pay during the first 10 days of leave under the Emergency Paid Sick Leave Act.  During these first ten days, employees may use their accrued sick leave or PTO, but employers may not require that they do so.  After the first 10 days, employers are required to pay qualifying employees 2/3 of their regular compensation, but no more than $200 per day or $10,000 total, for ten weeks if there is a public health emergency related school or child care closure.

Under the FMLA Expansion, the usual FMLA requirement that an employee must have been employed for at least 12 months and have worked 1,250 hours to be eligible for leave do not apply.  Any employee is covered if the employees has been employed for at least 30 calendar days.

Job Protected Leave

Prior to the amendment, the FMLA required that an employee returning from leave be restored to the employee’s original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. The Act leaves in place most of the key job protection provisions of the FMLA without any change.  However, there is one significant change affecting small businesses.  Under the FMLA Expansion, the job restoration requirements will not apply to employees who take COVID-19 related leave if they are employed by an employer with fewer than 25 employees and these conditions are met:

  1. The employee’s job no longer exists on account of economic conditions related to the outbreak of the coronavirus;
  2. The employer makes reasonable efforts to restore the employee to an equivalent position; and
  3. The employer makes reasonable efforts to contact the former employee for up to one year if a position becomes available.

Exemptions for Certain Businesses

The Secretary of Labor may choose to exempt small businesses with fewer than 50 employees if the sick leave mandate “would jeopardize the viability of the business as a going concern.”  The Secretary is expected to issue guidance and regulation with respect to this provision.  The Secretary is also expected to issue regulations that exclude certain health care providers and emergency providers from coverage if their employer chooses to opt out of the paid sick leave mandate.

Noticing Issues

By Employer: Employers falling under the provisions of the Act must post conspicuous notices of the Act in the workplace once the Secretary of Labor provides the form of the notice.

By Employee:  Under the Act, if the leave is COVID-19 related, an employee does not have to give the employer notice prior to beginning leave.  After the first workday of COVID-19 related paid sick leave, the employer can require the employee to follow reasonable notice procedures for the use of additional paid sick leave.  The employer cannot require the employee to look for a replacement worker.

Tax Credits

The Act includes a dollar-for-dollar tax credit in an amount equal to the sick and FMLA leave required to be paid under the Act, subject to the following caps:

  1. $200 per day per employee up to $10,000 for all calendar quarters for paid family leave; and
  2. $511 per day per employee up to $5,110 for all calendar quarters for paid sick leave.

The credit is applied against the employer share of FICA taxes.

In addition to the tax credit, amounts paid for sick and FMLA leave under the Act are not included in wages for purposes of the employer share of Social Security tax. Although the benefits are not excluded from wages for purposes of the employer share of Medicare taxes, the credit calculation will offset the employer share of Medicare tax due on the leave payments.

Leave payments are subject to the withholding of both federal income tax wages (and state income tax in most states) and all employee FICA taxes.

Alexandra K. Garrett is an attorney at Silver Voit & Thompson, Attorneys at Law, P.C. She was raised in Fairhope, Alabama where she currently lives with her husband and sons. She obtained her B.A. in Communications from Spring Hill College in 2004 and her JD from University of Alabama School of Law in 2007.  Alex’s practice focuses on business advising, employment law, business bankruptcy, and wealth and estate planning.  She may be reached at (251) 338-1081 or [email protected].

Matthew Butler is an attorney at Silver Voit & Thompson, Attorneys at Law, P.C.  He was born and raised in Mobile, AL.  He received a B.S. in Economics from the Wharton School of the University of Pennsylvania in 2003 and subsequently worked for Deutsche Bank Securities as an associate.  Matt obtained his JD from the University of Alabama School of Law in 2011.  His practice focuses on business advising, business bankruptcy, and wealth and estate planning.  Matt is married to Dr. Kristen M. Butler, an area surgeon, and they are the proud parents of four children. He may be reached at (251) 338-1084 or [email protected]

Crow Shields Bailey and the RSM US Alliance

February 11, 2019

Gina McKellar, CPA, CVA | Managing Shareholder | Published by Crow Shields Bailey

Our firm is proud to be a member firm in the RSM US Alliance, which is a premier affiliation of independent accounting and consulting firms in the US, with more than 75 members throughout the country.  RSM US LLP, the fifth largest accounting and consulting firm in the United States, backs the Alliance.  CSB has been a member since November of 2015 and our membership has enhanced our firm in many ways. The RSM US Alliance has afforded CSB numerous resources while allowing us to remain an independent hometown firm with a culture that only the beautiful Gulf Coast can provide to our clients and our team.

Technical Resources

Technical resources at our fingertips allow us to solve complex issues for our clients and access to research in any area with the expertise of a national firm behind us. From tax reform to revenue recognition to research and development tax credits and beyond, we have access to a wide variety of resources.

Training Opportunities

Our team members now receive training from a national firm and participate in leadership programs that prepare them as future leaders of CSB.  From specific training by level and area of expertise to leadership programs by level to leadership conferences for management, RSM training programs cover a broad spectrum.

Networking

Networking with member firms provides our management team with cutting-edge opportunities for both our clients and our team. From learning about new tax opportunities for clients to sharing best practices with our firms throughout the country, we have built great relationships with our peers.

 

CSB’s Guide to Understanding Classification and Accounting for Leases Under ASU 2016-02

July 26, 2018

Kirsten Sokom, CPA | Supervisor | Published by Crow Shields Bailey

In February 2016, the Financial Accounting Standards Board (FASB) issued Accounting Standards Update (ASU) 2016-02 on Topic 842 for leases, introducing a principles-based approach in classification and accounting for lease agreements.

 

The changes under the new standard will require most leases to recognize a lease liability and a related right-of-use asset on the balance sheet, regardless of whether or not it is considered an operating or capital lease. ASU 2016-02 becomes effective for public companies’ fiscal years beginning after December 15, 2018. For all other organizations, the standard is effective for fiscal years beginning the following year, December 15, 2019; however, early adoption is permitted. This article summarizes classification and measurement of leases under the new standard.

 

Lease Classification

ASC 842 revised the lease classification criteria as outlined in ASC 840, and those new standards are as follows:

  • Does the lease transfer ownership to the lessee by the end of the lease term?
  • Does the lease contain a purchase option that the lessee is reasonably certain to exercise?
  • Is the lease term a major part of the remaining economic life of the asset?
  • Is the sum of the present value of the lease payments and any residual value guaranteed by the lessee equal to or greater than substantially all of the fair market value of the assets?
  • Is the underlying asset of a specific nature such that it would have no alternative use to the lessor?

If any of the above lease criteria are met, the lease is classified as a finance lease (formerly known as a capital lease). If none are met, the lease is classified as an operating lease. The classification of lease agreements under ASC 842 is similar to current guidance under ASC 840. One change to note is that the 75 percent and 90 percent bright-line tests are no longer included in lease classification criteria; however, ASC 842 indicates that these bright-line tests are acceptable criteria in determining the definition of “major part” or “substantially all.”

 

Operating Leases and the Short-Term Lease Election

Under current guidance (ASC 840), operating leases are not recorded on the balance sheet. This will change under ASC 842. Operating leases will generally be required to be recorded on the balance sheet unless certain exceptions are met, which will result in the addition of a right-of-use asset and the related liability for each operating lease asset.

One of these exceptions is the short-term lease election. Operating leases qualifying for this treatment are not required to be capitalized. Accounting under the short-term lease election would result in similar treatment for an operating lease under the current standard. However, to choose the short-term lease election, the initial lease term and all renewal options reasonably certain to be exercised must not exceed 12 months.

 

Initial Measurement

Initial measurement for operating and finance leases under ASC 842 are the same. The lease liability is calculated based on the present value of unpaid lease payments. This amount will also serve as the right-of-use asset’s cost basis, assuming there are no initial direct costs, prepaid lease payment, or lease incentives received to be taken into account.

 

Subsequent Measurement

While initial measurement is treated the same under ASC 842, subsequent measurement varies for operating and finance leases. For finance leases, the lease liability is reduced using the effective interest method. The interest portion is shown as interest expense on the income statement. The right-of-use asset will be reduced on the straight-line basis over the shorter of the expected lease term or the useful life of the asset. Amortization expense will also be presented on the income statement. If there are variable lease payments also associated with the finance lease, the payments will be classified as rent expenses.

With regard to operating leases, the lease liability is subsequently measured based on the present value of the unpaid lease payments using the effective rate of interest upon lease commencement. The right-to-use asset will be measured at the carrying amount of the operating lease liability while also considering any reduced initial direct costs, prepaid or accrued lease payments, and lease incentives received. On the income statement, both the amortization expense of the right-to-use asset and the recognized interest expense will be shown together as rent expense.

ASC 842 also requires reassessment and remeasurement of the lease if there have been significant changes to the lease term or other aspects of the lease. If you have questions about whether your lease needs to be reassessed, our CSB team is prepared to assist your specific situation.

Consensus surrounding the new standard suggests that finance leases will be more desirable due to the required calculations and disclosure requirements for operating leases. While the ASU 2016-02 language indicates that each lease agreement must be evaluated individually, the FASB has released transition guidance including several practical expedients that may be utilized upon implementing ASC 842.

 

If you have questions regarding how your current lease agreements will be categorized or measured under ASU 2016-02, give us a call. We are happy to provide guidance regarding changes in reporting requirements and your company’s financial performance under the new standard.

Crow Shields Bailey Tax Reform Guide to Protect Your Financial Future

Andrew Bailey, CPA, ABV | Supervisor | Published by Crow Shields Bailey

As many are well aware, United States tax law changed when the Tax Cuts and Jobs Act (TCJA) was signed into law this past December. The change was advertised to save taxpayers money and reduce the burden of filing taxes. However, if you do not do any planning before next April, you might end up with an unexpected tax bill and resulting headache. Now that we are nearly halfway through 2018, here are some helpful action items to consider before the end of the year.

Review Your Paystub

If you earn a paycheck, you may have noticed a little pay bump back in February. As a result of the TCJA, most individual tax brackets decreased. Guidelines were issued to help implement employers with tax withholdings under this new law; however, employers are relying on withholding forms (W-4s) that were created under the old tax law. These forms ask employees to select a number of allowances to determine the amount of tax to withhold. The allowances were intended to reflect exemptions claimed on the taxpayer’s individual tax return.

The new tax law repealed personal exemptions completely. They did expand the child and dependent tax credit and standard deduction, but many Americans could still have a tax withhold shortfall due to the old W-4 forms. Our recommendation is to review your most recent paystub and see if you are having enough tax withheld. If not, contact your HR representative and update your withholdings now instead of having a surprise tax bill down the road.

Understand Itemized Deductions

Under the TCJA, the standard deduction has increased from $6,350 to $12,000 for single taxpayers and $12,700 to $24,000 for married filing joint taxpayers. That change alone will limit the number of taxpayers who itemize their deductions.

The most widely discussed change to itemized deductions is the new cap on the state and local tax deduction (SALT). Under the TCJA, the SALT deduction cannot exceed a total of $10,000. If you’re a taxpayer in a high-income tax state or an area with high property taxes (or both), your SALT deduction may not look like it has in years past.

Another big change for our clients is the change to home equity line of credit (HELOC) interest. Under the TCJA, HELOC interest is no longer deductible. In addition, only the interest on $750,000 of mortgage debt is deductible for new mortgages taken out after December 14, 2017.

Some other changes worth pointing out are the repeal of miscellaneous itemized deductions and the charitable contribution change for seating rights. Under the TCJA, you will no longer be allowed a deduction for “miscellaneous itemized deductions.” These items were your unreimbursed employee expenses, tax preparation fees, investment advisor fees, etc. The TCJA also is not going to allow a charitable deduction for “seating rights.” This means you are no longer allowed a charitable contribution deduction for the donation you make to your favorite university in exchange for the rights to purchase season football tickets.

Leverage Small Business Advantage

So far, you might not see how the TCJA is beneficial outside of the lower individual tax brackets. However, if you are a business owner, now is a great time to review your tax and business plan. As the media has been reporting, large corporations are giving bonuses as a result of the TCJA. This is due in part to the corporate tax rate being lowered to 21%. However, a larger number of family-owned businesses are pass-through entities. This means the profits pass through to the owners and the tax is paid at the individual level.

Pass-through business owners need to familiarize themselves with the new pass-through deduction. Pass-through businesses will now get a 20% deduction on the pass-through income since the corporate tax rate is now 21%. However, not every business will qualify, and some planning will need to be done to see if there is anything you can do to ensure you receive the full 20% deduction. This is probably the most complicated part of the TCJA, so we will save those details for another post, but go ahead and read a few credible articles on this topic to understand the basics.

Another huge change for business owners is the expanded bonus depreciation and Section 179 expensing law. Many purchases of tangible personal property such as equipment, computers, and even some capital improvements are now 100% deductible in the year they are put in service. In addition, the TCJA is allowing businesses with average annual gross receipts of $25 million or less to use simplified accounting methods. Overall, the TCJA is encouraging business and capital investment in the United States.

Next Steps

These are just three areas of change under the TCJA. Much more has changed under the law, and we are working to guide our CSB clients through this transition. If any of these topics affect your personal situation or if you have question about the TCJA, give us a call. We would love to help you determine how the TCJA impacts you and your financial future.

Crow Shields Bailey and Johnstone Adams to host Tax Reform Breakfast Briefing on May 23rd

Are you interested in learning more about the new tax law? Along with Johnstone Adams, Crow Shields Bailey will be hosting a Tax Reform Lunch & Learn on Wednesday, May 23rd from 11:30 – 1:00 p.m. in the Conference Room at Bryant Bank in Daphne, AL to discuss “Everything You and Your Business Need to Know About the Tax Cuts and Jobs Act of 2017.” For planning purposes, please RSVP as soon as possible to Emilee Shuler at [email protected] or 251-343-1012.