Use the Tax Code to Make Business Losses Less Painful

 

Whether you're operating a new company or an established business, losses can happen. The federal tax code may help soften the blow by allowing businesses to apply losses to offset taxable income in future years, subject to certain limitations.

Qualifying for a Deduction

The net operating loss (NOL) deduction addresses the tax inequities that can exist between businesses with stable income and those with fluctuating income. It essentially lets the latter average out their income and losses over the years and pay tax accordingly.

Eligibility for the NOL deduction depends on having deductions for the tax year that exceed your income. The loss generally must be caused by deductions related to your:

• Business (Schedules C and F losses, or Schedule K-1 losses from partnerships or S corporations),
• Casualty and theft losses from a federally declared disaster, or
• Rental property (Schedule E).

The following generally aren't part of the NOL determination:

• Capital losses that exceed capital gains,
• The exclusion for gains from the sale or exchange of qualified small business stock,
• Nonbusiness deductions that exceed nonbusiness income,
• The NOL deduction itself, and
• The Section 199A qualified business income deduction.

Individuals and C corporations are eligible to claim the NOL deduction. Partnerships and S corporations generally aren't eligible, but partners and shareholders can calculate individual NOLs using their separate shares of business income and deductions.

Limitations

Prior to the Tax Cuts and Jobs Act (TCJA), taxpayers could carry back NOLs for two years and carry them forward 20 years. They also could apply NOLs against 100% of their taxable income.

The TCJA limits NOL deductions to 80% of taxable income for the year and eliminates the carryback of NOLs (except for certain farming losses). However, it does allow NOLs to be carried forward indefinitely.

If your NOL carryforward is more than your taxable income for the year you carry it to, you may have an NOL carryover. That's the excess of the NOL deduction over your modified taxable income for the carryforward year. If your NOL deduction includes multiple NOLs, you must apply them against your modified taxable income in the same order you incurred them, beginning with the earliest.

A Limit on Excess Business Losses

The TCJA also established an “excess business loss” limitation, effective beginning in 2021. For partnerships or S corporations, this limitation applies at the partner or shareholder level, after applying the outside basis, at-risk and passive activity loss limitations. Under the rule, noncorporate taxpayers' business losses can offset only business-related income or gain, plus an inflation-adjusted threshold. For 2023, that threshold is $289,000, or $578,000 if married filing jointly. For 2024, the thresholds are $305,000 and $610,000, respectively. Remaining losses are treated as an NOL carryforward to the next tax year. That is, you can't fully deduct them because they become subject to the 80% income limitation on NOLs, reducing their tax value.

Important: Under the Inflation Reduction Act, the excess business loss limitation applies to tax years beginning before January 1, 2029. Under the TCJA, it had been scheduled to expire after December 31, 2026.

Planning Ahead

The tax rules regarding business losses are complex, especially the interaction between NOLs and other potential tax breaks. Contact the office for help charting the best course forward.

Choosing a reputable tax preparer is vital to tax security

 

As people get ready for tax filing season, they must select tax return preparers with the skills, education and expertise to prepare tax forms correctly. Taxpayers are ultimately responsible for all the information on their tax return, regardless of who prepares it.

Tax preparers include certified public accountants (CPAs), enrolled agents, attorneys, and others. Taxpayer should choose a tax preparer that works best for their needs.

Here are some tips to help people choose a preparer.

Check the IRS Directory of Preparers
Taxpayers can find an enrolled agent, CPA, attorney or participant in Annual Filing Season Program with the IRS Directory of Preparers

Checklist for choosing a tax pro
Before hiring a tax preparer:

• Check the preparer's history with the Better Business Bureau. Taxpayers can also verify an enrolled agent's status on IRS.gov.
  
• Ask about fees. Taxpayers should avoid tax return preparers who base their fees on a percentage of the refund or who offer to deposit all or part of their refund into their financial accounts. Taxpayers should be suspicious of preparers claiming they can get larger refunds than other tax preparers.
• Ask if the preparer plans to use e-file. The fastest way to get a tax refund is by e-filing and choosing direct deposit.
  
• Choose a firm or individual with a track record. Preparers may need to answer questions about the tax return months or even years later.
  
• Ensure the preparer signs the tax return and includes their Preparer Tax Identification Number. Paid tax return preparers must have a PTIN and include it on any tax return they prepare.
  
• Consider the person's credentials. Only attorneys, CPAs and enrolled agents can represent taxpayers before the IRS in tax matters. Other tax return preparers who participate in the IRS Annual Filing Season Program have limited practice rights to represent taxpayers during audits of returns they prepared.

Watch out for tax preparer scams.
Tax return preparer fraud is a common tax scam. Here are tips on avoiding unscrupulous tax preparers.

The IRS is committed to investigating paid tax return preparers who act improperly. Taxpayers can file a complaint if they have been financially impacted by a tax return preparer's misconduct or improper tax preparation practices.

How Women Can Prepare For Retirement

 

When our parents retired, living to 75 amounted to a nice long life, and Social Security was often supplemented by a pension. The Social Security Administration (SSA) estimates that today's average 67-year-old woman will live to age 88. Given these projections, it appears that a retirement of 20 years or longer might be in your future.¹

Are You Prepared For a 20-Year Retirement?

How about a 30-year or even 40-year retirement? Don't laugh; it could happen. The Society of Actuaries predicts that an average healthy woman that reaches age 65 has a 48% chance of living past 90, and a 26% chance of living to be older than 95.²

Start with Good Questions

How can you draw retirement income from what you've saved? How might you create other income streams to complement Social Security? And what are some ways you can protect your retirement savings and other financial assets?

Enlist a Financial Professional

The right person can give you some good ideas, especially one who understands the challenges women face in saving for retirement. These may include income inequality or time out of the workforce due to childcare or eldercare. It could also mean helping you maintain financial equilibrium in the wake of divorce or the death of a spouse.

Invest Strategically

If you are in your fifties, you have less time to make back any big investment losses than you once did. Protecting what you have may be a priority. At the same time, the possibility of a retirement lasting up to 30 or 40 years will require a good understanding of your risk tolerance and overall goals.

Consider Extended Care Coverage

Women have longer average life expectancies than men and may require significant periods of eldercare. Medicare is no substitute for extended care insurance; it only covers a few weeks of nursing home care, and that may only apply under special circumstances. Extended care coverage can provide financial relief if the need arises.³

Claim Social Security Benefits Carefully

If your career and health permit, delaying Social Security can be a wise move. If you wait until full retirement age to claim your benefits, you could receive larger Social Security payments as a result. For every year you wait to claim Social Security past your full retirement age up until age 70, your monthly payments get about 8% larger.⁴

Retire With a Strategy

As you face retirement, a financial professional who understands your unique goals can help you design an approach that can serve you well for years to come.

Aspects of your financial life to review as the year closes.

 

The end of the year can remind us of last-minute things we need to address and the goals we want to pursue. Here are some aspects of your financial life to consider as this year leads into the next. 

Remember that this article is for informational purposes and is not a replacement for real-life advice. Contact a tax or legal professional before modifying your tax strategy. The ideas presented are not intended to provide specific advice. Also, tax rules are constantly changing, and there can be no guarantee that the rules will stay the same for any period. 

Investments: If you still need to, consider contributing the maximum to your retirement accounts and review any existing retirement accounts from work. If you are eligible to make any catch-up contributions, consider making that decision.  

Retirement strategy: If you still need to, consider contributing the maximum to your retirement accounts and review any existing retirement accounts from work. If you are eligible to make any catch-up contributions, consider making that decision. 

Taxes: It's a good idea to consider checking in with your tax or legal professional before the year ends, especially if you have questions about an expense or deduction from this year. Also, it may be prudent to review any sales of property as well as both realized and unrealized losses and gains. Look back at last year's loss carried forward. If you've sold securities, gather up cost-basis information. As always, bringing all this information to your financial professional is wise.  

Charitable gifting: Plan charitable contributions or contributions to education accounts and make any desired cash gifts to family members. The annual federal gift tax exclusion allows you to give away up to $17,000 in 2023, meaning you can gift as much as $17,000 to as many individuals as you like this year. Such gifts do not count against the lifetime estate tax exemption amount as long as they stay beneath the annual federal gift tax exclusion threshold. Besides outright gifts, you can explore creating and funding trusts on behalf of your family. The end of the year is also an excellent time to review any trusts. Using a trust involves a complex set of tax rules and regulations. Before moving forward with a trust, could you work with a professional familiar with the rules and regulations? ¹ 

Life insurance: The end of the year is an excellent time to double-check that your policies and beneficiaries are up to date. Review premium costs and beneficiaries and consider whether your insurance needs have changed. Several factors could impact the cost and availability of life insurance, such as age, health, the type of insurance purchased, and the amount purchased. Life insurance policies have expenses, including mortality and other charges. If a policy is surrendered prematurely, you may pay surrender charges, which could have income tax implications. Before implementing a life insurance strategy, consider whether you are insurable. Finally, please remember that any guarantees associated with a policy depend on the ability of the issuing insurance company to continue making claim payments. 

Life events: Evaluating any significant life changes in the last year:

 

• Marital status
• Moving
• Changing jobs
• Buying a home
• Starting a business
• Inheritance
• Gifts
• Additions to the family.

 

All these circumstances can financially impact your life and how you invest and plan for retirement and wind down your career or business. While it's likely that you have already discussed these matters with your financial professional this year, bring them up in your review.

 

Citations

1. IRS.gov, September 15, 2023

Navigating the Maze: How Living and Working in Different States Affects Your Taxes

 

In an increasingly interconnected world, it's not uncommon for individuals to live in one state while working in another. This lifestyle choice can come with various benefits, such as better job opportunities, a lower cost of living, or proximity to family.

However, the complexity of the U.S. tax system can make this arrangement more intricate than it initially seems. Understanding how living and working in different states affect your taxes is crucial to avoiding potential pitfalls and optimizing your financial situation.

Residency vs. Domicile

Before delving into the tax implications, it's essential to distinguish between two key concepts: residency and domicile. Residency typically refers to where you physically live, while domicile is your permanent legal home. For tax purposes, your domicile is usually where you have the closest connections and intend to return, even if you temporarily live and work elsewhere.

State Income Tax

One of the most significant impacts of living and working in different states is the variation in state income taxes. While some states have no income tax (e.g., Texas, Florida), others impose significant income tax rates (e.g., California, New York). If you live in a state with an income tax but work in a state without one (or with a lower rate), you might be subject to non-resident or part-year resident taxation in the state where you work.

Double Taxation

The prospect of being taxed by two states—your resident state and the state where you work—can be daunting. Fortunately, most states have agreements in place to prevent double taxation. These agreements, known as reciprocity agreements, allow you to pay taxes only to your resident state, even if you're working across state lines. However, these agreements vary, and it's essential to check the specifics of the states involved.

Credits and Deductions

In situations with no reciprocity agreement, you might be eligible for tax credits or deductions to mitigate double taxation. The resident state might offer a credit for taxes paid to another state, reducing your overall tax liability. Additionally, the federal tax return allows you to deduct any state income taxes paid, softening the impact of dual taxation.

Filing Considerations

Living and working in different states often means filing tax returns in both states. You'll likely need to file a non-resident or part-year resident return in the state where you work and a resident return in your home state. Filing requirements, deadlines, and forms can vary significantly, so seeking professional tax advice is advisable to ensure compliance and maximize deductions.

Impact on Other Taxes

Aside from state income tax, living and working in different states can also influence other taxes. Sales, property, and local taxes can differ between states and impact your overall financial situation. Additionally, your domicile state might have specific estate and inheritance tax laws that apply to your situation.

Living and working in different states can offer numerous benefits, but the intricate web of state tax laws can complicate financial matters. To navigate this complex landscape, it's essential to understand your residency status, potential tax treaties, and available credits and deductions.

Seeking advice from tax professionals or financial advisors with expertise in cross-state taxation can help you make informed decisions, optimize your tax situation, and ensure compliance with tax laws. As you live and work across state lines, remember that staying informed is your best tool for financial success.

A Taxing Story: Capital Gains and Losses

 

Chris Rock once remarked, “You don’t pay taxes – they take taxes.” That applies not only to income but also to capital gains.

Capital gains result when an individual sells an investment for an amount greater than their purchase price. Capital gains are categorized as short-term gains (a gain realized on an asset held one year or less) or as long-term gains (a gain realized on an asset held longer than one year).

Keep in mind that the information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation.

Long-Term vs. Short-Term Gains

Short-term capital gains are taxed at ordinary income tax rates. Long-term capital gains are taxed according to different ranges (shown below).¹

Long Term Capital Gains Tax Brackets (for 2023)

Tax Bracket/Rate	Single	Married Filing Jointly	Head of Household
0%	$0 - $44,625	$0 - $89,250	$0 - $59,750
15%	$44,626 - $492,300	$89,251- $553,850	$59,751 - $523,050
20%	$492,300+	$553,850+	$523,0500+

It should also be noted that taxpayers whose adjusted gross income is in excess of $200,000 (single filers or heads of household) or $250,000 (joint filers) may be subject to an additional 3.8% tax as a net investment income tax.²

Also, keep in mind that the long-term capital gains rate for collectibles and precious metals remains at a maximum of 28%.³

Rules for Capital Losses

Capital losses may be used to offset capital gains. If the losses exceed the gains, up to $3,000 of those losses may be used to offset the taxes on other kinds of income. Should you have more than $3,000 in such capital losses, you may be able to carry the losses forward. You can continue to carry forward these losses until such time that future realized gains exhaust them. Under current law, the ability to carry these losses forward is lost only on death.⁴

Finally, for some assets, the calculation of a capital gain or loss may not be as simple and straightforward as it sounds. As with any matter dealing with taxes, individuals are encouraged to seek the counsel of a tax professional before making any tax-related decisions.

1. Investopedia.com, July 19, 2022
2. IRS.gov, 2023
3. Investopedia.com, May 4, 2022
4. Investopedia.com, February 24, 2023

Tips for When You Can't Pay Your Taxes

Tax season can be stressful for anyone, especially if you face financial difficulties and cannot fully pay your taxes. While it's essential to fulfill your tax obligations, there are steps you can take to manage the situation and ease the burden on your finances.

In this blog, we'll explore some practical tips to help you navigate the challenging scenario of being unable to pay your taxes on time.

1. Stay Calm and Communicate:
   The first step when facing a tax payment challenge is to remain calm. Remember that you're not alone – many individuals and businesses encounter this situation. Instead of ignoring the issue, immediately communicate with the IRS or your relevant tax authority. Ignoring the problem will only lead to increased penalties and interest. You might be surprised at their willingness to work with you to find a solution.
2. Explore Payment Options:
   Government tax agencies understand that unexpected financial setbacks can happen. They often offer various payment options to help taxpayers manage their obligations. These options include setting up an installment plan or negotiating a temporary delay in payment. Assess your financial situation and discuss the available payment plans with the tax authorities to find one that best fits your circumstances.
3. File Your Tax Return on Time:
   Even if you can't afford to pay your taxes immediately, filing your tax return on time is crucial. Filing your return by the deadline helps you avoid additional penalties for failure to file. If you cannot pay, the penalties for not filing are much steeper than those for not paying on time.
4. Consider an Extension:
   Consider filing for an extension if you need more time to gather funds. While this won't excuse you from paying any taxes owed, it can give you an extra six months to make the payment without facing failure-to-file penalties. Remember that you'll still be subject to interest and late payment penalties on your owed amount.
5. Explore Available Tax Credits and Deductions:
   Ensure you're taking full advantage of all available tax credits and deductions. Research tax breaks that apply to your situation, as they lower your tax liability. While these won't solve the issue, they can help reduce your debt.
6. Avoid Using High-Interest Credit Cards:
   While using a credit card to pay your taxes might be tempting, it's generally not advisable, especially if you cannot pay off the card immediately. High-interest rates on credit card balances can exacerbate your financial situation in the long run. Explore other options before resorting to credit cards.
7. Seek Professional Advice:
   If your financial situation is complex or you are unsure about the best course of action, it's wise to seek advice from a tax professional. A certified public accountant (CPA) or tax attorney can provide guidance tailored to your circumstances and help you navigate the complexities of tax payments.
8. Adjust Your Withholding or Estimated Payments:
   If your inability to pay taxes stems from a recurring issue, such as insufficient tax withholding from your paycheck or inconsistent estimated tax payments (for self-employed individuals), consider adjusting these amounts moving forward. This can prevent future tax payment problems.

While facing the inability to pay taxes can be stressful, taking proactive steps to address the situation is essential. By staying calm, communicating with tax authorities, and exploring available options, you can find a way to manage your tax obligations without further damaging your financial well-being.

Remember, you're not alone in this; resources and professionals can help you navigate these challenges.