Thursday, July 6, 2017

Tax Implications of Crowdfunding

Small Business Accounting - Crowdfunding websites such as Kickstarter, GoFundMe, Indiegogo, and Lending Club have become increasingly popular for both individual fundraising and small business owners looking for start-up capital or funding for creative ventures. The upside is that it's often possible to raise the cash you need, but the downside is that the IRS might consider that money taxable income. Here's what you need to know.

What is Crowdfunding?
Crowdfunding is the practice of funding a project by gathering contributions online from a large group of backers. Initially used by musicians, filmmakers, and other creative types to raise small sums of money for projects that were unlikely to turn a profit, now it is used to fund a variety of projects, events, and products--and has even become an alternative to venture capital for some.

Are Funds I receive Taxable?
All income you receive, regardless of the source, is considered taxable income in the eyes of the IRS--and that includes crowdfunding dollars.
Say you develop a prototype for a product that looks promising. You run a Kickstarter campaign to raise additional funding, setting a goal of $15,000 and offer a small gift in the form of a t-shirt, cup with a logo or a bumper sticker to your donors.

Your campaign is more successful than you anticipated it would be and you raise $35,000--more than twice your goal. Let's look at how the IRS might view your crowdfunding campaign:

Taxable sale. Because you offered something (a gift or reward) in return for a payment pledge it is considered a sale. As such, it may be subject to sales and use tax.

Taxable income. Since you raised $35,000, that amount is considered taxable income. But even if you only raised $15,000 and offered no gift, the $15,000 is still considered taxable income and should be reported as such on your tax return--even though you did not receive a Form 1099-K from a third party payment processor (more about this below).

Generally, crowdfunding revenues are included in income as long as they are not:
  • Loans that must be repaid;
  • Capital contributed to an entity in exchange for an equity interest in the entity; or
  • Gifts made out of detached generosity and without any "quid pro quo." However, a voluntary transfer without a "quid pro quo" isn't necessarily a gift for federal income tax purposes.

Income offset by business expenses. You may not owe taxes however, if your crowdfunding campaign is deemed a trade or active business (not a hobby) in that your business expenses might offset your tax liability.

Factors affecting which expenses could be deductible against crowdfunding income include whether the business is a start-up and which accounting method you use (cash vs. accrual) for your funds. For example, if your business is a startup you may qualify for additional tax benefits such as deducting startup costs or applying part or all of the research and development credit against payroll tax liability instead of income tax liability.

Timing of the crowdfunding campaign, receipt of funds, and when expenses are incurred also affect whether business expenses will offset taxable income in a given tax year. For instance, if your crowdfunding campaign ends in October but the project is delayed until January of the following year it is likely that there will be few business expenses to offset the income received from the crowdfunding campaign since most expenses are incurred during or after project completion. As such, you would not be able to offset any income from funds raised during your crowdfunding campaign in one tax year with business expenses incurred the following tax year.

Non-Taxable Gift. If money is donated or pledged without receiving something in return, it may be considered a "gift," and the recipient does not pay any tax. Up to $14,000 per year per recipient may be given by the "gift giver."

How do I Report Funds on my Tax Return?
Companies that issue third party payment transactions (e.g. Amazon if you use Kickstarter or PayPal if you use Indiegogo) are required to report payments that exceed a threshold amount of $20,000 and 200 transactions to the IRS using Form 1099-K, Payment Card and Third Party Network Transactions.

These minimum reporting thresholds apply only to payments settled through a third-party network; there is no threshold for payment card transactions.

Form 1099-K includes the gross amount of all reportable payment transactions and is sent to the taxpayer by January 31 if payments were received during the prior calendar year. Include the amount found on your Form 1099-K when figuring your income on your tax return, generally, Schedule C, Profit or Loss from Business for most small business owners.

Don't Get Caught Short.
If you're thinking of using crowdfunding to raise money for your small business startup or for a personal cause, consult a tax and accounting professional first.
Don't make the mistake of using all of your crowdfunding dollars on your project and then discovering you owe tax and have no money with which to pay it.

We're here to help! For no obligation free consultation contact us today!
Amare Berhie, Senior Accountant     
amare@abataxaccounting.com          

(651) 300-4777

Friday, June 23, 2017

Accounting Service You Can Trust

Small Business Accounting - We offer the stout accounting features you want, and provide the valuable insight you need. We'll help you manage your business better with features.

Meaningful, well-organized financial records ensure that your healthcare operations will run more efficiently on a daily basis and are the foundation of a successful business. Our goal is to assist your medical or dental practice with your operational accounting and tax compliance objectives. Our services allow you to focus on generating additional revenue and perform core business functions while allowing us to perform back-office tasks and perform month-end closings.
Every practice is different and therefore requires a unique approach to accounting and taxes. ABA Tax Accounting works with professionals in the healthcare industry to provide an array of accounting, tax and financial advisory services. Because we are experienced with the common issues and challenges that doctors, dentists and other healthcare providers deal with on a day-to-day basis, we are able to quickly identify financial or operational issues and suggest changes that will make your practice more profitable. Our experience with tax law allows us to help you develop a strategy that will allow your practice to flourish. You won’t have to worry about missing out on vital deductions or overpaying on your taxes when you work with us.
We're here to help! For no obligation free consultation contact us today!
Amare Berhie, Senior Accountant      
amare@abataxaccounting.com           

(651) 300-4777

Thursday, June 8, 2017

Things to know before Starting a Business

Small Business Accounting - Starting a new business is an exciting, but busy time with so much to be done and so little time to do it in. And, if you expect to have employees, there are a variety of federal and state forms and applications that will need to be completed to get your business up and running. That's where a tax professional can help.

Employer Identification Number (EIN)
Securing an Employer Identification Number (also known as a Federal Tax Identification Number) is the first thing that needs to be done since many other forms require it. EINs are issued by the IRS to employers, sole proprietors, corporations, partnerships, nonprofit associations, trusts, estates, government agencies, certain individuals, and other business entities for tax filing and reporting purposes.

The fastest way to apply for an EIN is online through the IRS website or by telephone. Applying by fax and mail generally takes one to two weeks and you can apply for one EIN per day.

State Withholding, Unemployment, and Sales Tax
Once you have your EIN, you need to fill out forms to establish an account with the State for payroll tax withholding, Unemployment Insurance Registration, and sales tax collections (if applicable).

Payroll Record Keeping
Payroll reporting and record keeping can be very time-consuming and costly, especially if it isn't handled correctly. Also, keep in mind, that almost all employers are required to transmit federal payroll tax deposits electronically. Personnel files should be kept for each employee and include an employee's employment application as well as the following:

Form W-4 is completed by the employee and used to calculate their federal income tax withholding. This form also includes necessary information such as address and social security number.

Form I-9 must be completed by you, the employer, to verify that employees are legally permitted to work in the U.S.

If you need help setting up or completing any tax-related paperwork needed for your business, don't hesitate to call. We're here to help! For no obligation free consultation contact us today!
Amare Berhie, Senior Accountant     
amare@abataxaccounting.com        

(651) 300-4777

Friday, June 2, 2017

Tax Planning for Small Business Owners


Small Business Accounting - Tax planning is the process of looking at various tax options to determine when, whether, and how to conduct business and personal transactions to reduce or eliminate tax liability.

Many small business owners ignore tax planning and don't even think about their taxes until it's time to meet with their accountants once a year. But tax planning is an ongoing process and good tax advice is a valuable commodity. It is to your benefit to review your income and expenses monthly and meet with your CPA or tax advisor quarterly to analyze how you can take full advantage of the provisions, credits, and deductions that are legally available to you.

Although tax avoidance planning is legal, tax evasion - the reduction of tax through deceit, subterfuge, or concealment - is not. Frequently what sets tax evasion apart from tax avoidance is the IRS's finding that there was fraudulent intent on the part of the business owner. The following are four of the areas the IRS examiners commonly focus on as pointing to possible fraud:

Failure to report substantial amounts of income such as a shareholder's failure to report dividends or a store owner's failure to report a portion of the daily business receipts.
Claims for fictitious or improper deductions on a return such as a sales representative's substantial overstatement of travel expenses or a taxpayer's claim of a large deduction for charitable contributions when no verification exists.

Accounting irregularities such as a business's failure to keep adequate records or a discrepancy between amounts reported on a corporation's return and amounts reported on its financial statements.

Improper allocation of income to a related taxpayer who is in a lower tax bracket such as where a corporation makes distributions to the controlling shareholder's children.

We're here to help! For no obligation free consultation contact us today!
Amare Berhie, Senior Accountant     
amare@abataxaccounting.com        

(651) 300-4777

Thursday, June 1, 2017

THE CRAZINESS OF SALES TAX REPORTING CONTINUES, Practical Tax Strategies

Accounting Services for Small Businesses - Due to the confusion surrounding retailers' state tax collection and reporting responsibilities, it is important that businesses understand the laws in states in which they sell their products or services.

States continue to pass legislation to force out-of-state retailers to register, collect, and remit sales tax on taxable sales made to in-state residents. Several states have passed laws that require out-of-state retailers to collect sales tax despite not having any in-state physical presence, which appears to violate the Supreme Court's decision in Quill Corporation v. North Dakota.

If a business has sales to customers in states in which it does not currently collect sales tax, the business may need to take some, or all, of the following steps in order to avoid potentially significant tax and penalties:
       Register to collect sales tax in new states.
       Add "use tax" notification language on its sales invoices.
       Add language to its website for online orders.
       Set up new procedures to track the names, addresses, and sales made to each customer in each state per year.
       Set up new procedures to mail information reports to customers and certain state tax departments.

Nexus - Since Quill, a business has needed more than a "de minimis" physical presence in a state (i.e., in-state property, employees, contractors, sales representatives) before the state could require the company to collect and remit sales tax (i.e., nexus). Unfortunately, in deciding Quill, the Court did not define what constitutes a "more than de minimis" amount. Not surprisingly, most states have taken an aggressive approach in interpreting this terminology, which has led to both confusion and inconsistency as to the degree of physical presence required to establish nexus for sales/use taxes.
Several states, including Alabama, Minnesota, Vermont, South Dakota, Tennessee, and Wyoming, have pushed the proverbial sales tax nexus envelope over the edge by taking the position that "economic nexus" is the standard for sales tax nexus. This position appears to be in direct conflict with Quill, as shown in the following examples.

Minnesota - Minnesota adopted an "economic nexus" standard that requires out-of-state retailers to collect sales tax on sales made to Minnesota customers if the seller engages in certain activities in the state and either: (1) makes 100 or more retail sales into the state during 12 consecutive months, or (2) makes ten or more retail sales totaling more than $100,000 during 12 consecutive months.

South Dakota - South Dakota passed a law that imposes collection and remittance duties on certain remote sellers that sell tangible personal property, products transferred electronically, or services for delivery into the state that meet one of two economic thresholds in either the previous or current calendar year: (1) The seller's gross revenue from South Dakota sales exceeds $100,000, or (2) The seller had more than 200 separate sales into South Dakota.

Enforcement of the South Dakota law has been suspended due to an injunction, since the State brought a declaratory judgment action against 200+ retailers. A South Dakota trial court recently ruled that the law is unconstitutional, but the state is expected to appeal the case to the South Dakota Supreme Court.

Use tax reporting/notification
Use tax is imposed on the buyer of taxable goods when sales tax was not collected by the seller. This situation typically applies when the seller does not have nexus in the state where the purchaser is located. The problem many states face is that most buyers (particularly individuals) do not comply with their use tax obligations. This lack of compliance has led some states to pass legislation that requires out-of-state sellers to report certain in-state sales information to a state's department of revenue/taxation and/or buyers.

Conclusion
States continue to try and expand their ability to require out-of-state businesses to register, collect, and remit sales tax on taxable sales to in-state residents. While the change in policies and laws in these states may or may not be constitutional, one thing is certain-there is significant confusion among retailers on their tax collection and reporting requirements. Given this confusion, it is more important than ever for a business to evaluate its nexus footprint and understand the laws in each state where it sells products and services.

ABA Tax Accounting offers tax help on various topics. Also, if you'd like to learn more about our CFO Services please feel free to contact me.
Amare Berhie, Senior Accountant   

(651) 300-4777