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Business Update Newsletter
2010-2011 Business Year-End UpdateDecember 2010
In This Issue
New 1099 Reporting
Mileage Rates
Payroll Limits
Business Deductions and Credits
New Use Tax Filing

Quick Links

Forms

New 2011 Form 1099 Reporting Requirements: Rental Properties, Higher Penalties
1099
For payments made after December 31, 2010, recipients of rental income from real estate generally are subject to the same information reporting requirements as taxpayers engaged in a trade or business. In particular, rental income recipients making payments of $600 or more to a service provider (such as a plumber, painter, or accountant) in the course of earning rental income are required to provide an information return (typically Form 1099-MISC) to the IRS and to the service provider
Example. Mary pays her gardener $1,200 and her handyman $900 to take care of her rental house. Mary must issue Forms 1099 to both. For the 1099, she will need the name, address and social security number for the service providers so Mary needs to take care that she is hiring legal workers or she can be subject to large penalties. 

New Penalties Effective for Delinquent 2010 Forms
 Penalty for failure to file with IRS/Penalty for failure to provide 1099 to payee
1st tier: Filed within 30 days of due date
$30/$30
2nd tier: Filed before Aug. 1 $60/$60
3rd tier: Filed August 1 or later $100/$100
Intentional disregard
$250/$250
The maximum calendar year penalty increased from $75,000 to $250,000 for 1st-tier violations, from$150,000 to $500,000 for 2nd tier violations, and from $250,000 to $1,500,000 for 3rd tier violations. For small business filers, the calendar year maximum increased from $25,000 to $75,000 for the first-tier penalty, from $50,000 to $200,000 for the second-tier penalty, and from $100,000 to $500,000 for the third-tier penalty. Use form W-9 to obtain 1099 reporting information. Please refer to our Quick links section.

Mileage Rates
Chevy Volt
Standard business mileage rate for 2010 is 50¢ per mile and for 2011 is 51¢ per mile. Medical and moving miles for 2010 is 16.5¢ per mile; for 2011 is 19¢ per mile.
Charitable miles remain at 14¢ a mile.  

Welcome to our newly redesigned newsletter. This newsletter replaces our former Business Update Newsletter and Tax Alert emails. We hope you will find the information here useful. Be assured this is not spam and you are free to unsubscribe at anytime. We take great care and respect the privacy and valuable time of our clients and subscribers. If you have any questions about any of these articles, please feel free to call us.

Snapshot: 2011 Payroll Limits
For payroll checks issued beginning January 1, 2011, the following tax rates and limits apply:
  • FICA (Social Security) 6.2% up to a maximuPayroll Stubm of $6,621.60 (maximum subject wages remains at $106,800)
  • FICA (Medicare) 1.45% on all wages.
  • State Disability Insurance (SDI) 1.2% up to a maximum of $1,119.79 (maximum subject wages of $93,316)
  • Self-Employment (SE) Tax 15.3% up to a maximum of $13,243.20 (maximum subject earnings from SE of $106,800); 2.9% on all earnings from SE thereafter.
Business Deductions and Credits
Deductions
The Small Business Jobs Act of 2010 increased and extended Section 179. For assets placed in service in taxable years beginning in 2010 and 2011, Section 179 expense election is increased from $250,000 to $500,000 (maximum annual qualifying property increased to $2,000,000). Besides the increase, the other good news is that businesses can now include qualified leasehold improvements, restaurant property and retail improvements. California does not conform to the increase. The limit for California tax purposes remains at $25,000. The deduction on vehicles with gross vehicle weight rating over 6,000 lbs. also remains at $25,000.

Credits

It's not too late for your business to get some benefit from recent tax legislation. On March 18, 2010, the President signed the Hiring Incentives to Restore Employment (HIRE) Act. This jobs bill was intended to encourage employers to hire the unemployed. The HIRE Act created two new incentives for hiring and retaining unemployed workers:

  1. The employer gets a holiday from paying the business's share of the OASDI (Social Security) tax on the new employee for the rest of 2010 (not much time left in the year for this benefit); and
  2. The employer gets up to a $1,000 tax credit for keeping the new hire on the payroll for at least one year. This tax incentive means that if you hire a qualifying person before year-end, you can earn a $1,000 credit against future taxes if the employee works for you at least 52 weeks.

Some additional details about the incentives in the new hiring act include:

  • The 6.2% payroll tax holiday helped pay a little toward the payroll costs of hiring a new employee.
  • To encourage businesses to retain the new hires for at least 52 consecutive weeks, the HIRE Act also provides a credit up to the lesser of $1,000 or 6.2% of the first $16,129.03 of wages paid. This credit will be claimed on the 2011 return.
  • There is no minimum weekly number of hours of work required of the new employee.
  • There are no HIRE tax breaks if the business hires its family members or a spouse.
  • The business can't simply replace another employee and qualify for the credit unless the replaced employee separated from employment voluntarily or for cause.
  • The new qualified employee must sign a Form W-11 confirming that he or she was not employed for more than 40 hours in the 60-day period prior to beginning employment with your business.

A new payroll tax reduction is proposed for 2011. It would reduce the employee FICA tax withholding from 6.2% of the first $106,800 of wages by 2% to 4.2%. This change does not reduce employer withholding.


Use Form W-11 to confirm that an employee is a qualified employee under the HIRE Act.


Also new is the Small Business Health Insurance Tax Credit. It provides for a tax credit for up to 50% of an employers contribution towards health insurance premiums for their employees. 


Certain restrictions apply such as employers must have 
fewer than 25 employees with average annual wages of less than $50,000, and the employer must pay for no less than 1/2 of the employee's health insurance premium. Starting in 2011 and through 2013, the credit will cover 35% of a qualified employer's contribution to health insurance. The credit goes up to 50% in 2014.

I hope you find this information helpful. If you would like more details about these provisions, please call us at your convenience.


Uncle Sam Wants You
California's State Board of Equalization Wants You!
Many businesses that do not collect sales tax (consultants, attorneys, insurance brokers, etc.) have been contacted by the State Board of Equalization (SBOE) to register for a Use Tax account in order to report and pay use tax. Any business with sales over $100,000 is a "qualified purchaser" and must register. Why are businesses being required to register? Many of us in California buy items from out-of-state retailers that are not required or authorized to collect California sales tax. If you make such a purchase and then use, give it away, store, or otherwise consume the item in California, you may owe California use tax. (Use tax is simply the sales tax that would have been collected at time of sale by the vendor). A typical example would be the purchase of a computer over the Internet from an out of state vendor that does not charge you sales tax. You then use the computer in your office or home. In this case, you are liable for the sales tax. Businesses will report and pay the use tax using form BOE-401-DS. For more information click Publication 79 on the SBOE's website. You can also file online at www.boe.ca.gov. 2010 use taxes are due 4/15/2011.
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