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Tax

People First Initiative

With the July 15 federal tax filing and payment deadline fast approaching, as part of its People First Initiative, the IRS has posted answers to FAQs on tax balances due and payment options.

One question on the top of many taxpayers’ minds is: Will the IRS forgive tax debts? The answer: No.

Any tax debts and balances will continue to accrue penalties and interest during the relief period (April 1, 2020 to July 15, 2020). However, the IRS states that the People First Initiative includes relief on a variety of issues ranging from easing payment guidelines to postponing compliance actions. Read the full list of FAQs here: https://bit.ly/2CVuJLI

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What qualifies as a “coronavirus-related distribution” from a retirement plan?

As you may have heard, the Coronavirus Aid, Relief and Economic Security (CARES) Act allows “qualified” people to take certain “coronavirus-related distributions” from their retirement plans without paying tax. So how do you qualify? In other words, what’s a coronavirus-related distribution?

Early distribution basics

In general, if you withdraw money from an IRA or eligible retirement plan before you reach age 59½, you must pay a 10% early withdrawal tax. This is in addition to any tax you may owe on the income from the withdrawal. There are several exceptions to the general rule. For example, you don’t owe the additional 10% tax if you become totally and permanently disabled or if you use the money to pay qualified higher education costs or medical expenses.

New exception

Under the CARES Act, you can take up to $100,000 in coronavirus-related distributions made from an eligible retirement plan between January 1 and December 30, 2020. These coronavirus-related distributions aren’t subject to the 10% additional tax that otherwise generally applies to distributions made before you reach age 59½. What’s more, a coronavirus-related distribution can be included in income in installments over a three-year period, and you have three years to repay it to an IRA or plan. If you recontribute the distribution back into your IRA or plan within three years of the withdrawal date, you can treat the withdrawal and later recontribution as a totally tax-free rollover. In new guidance (Notice 2020-50) the IRS explains who qualifies to take a coronavirus-related distribution. A qualified individual is someone who: Is diagnosed (or whose spouse or dependent is diagnosed) with COVID-19 after taking a test approved by the Centers for Disease Control and Prevention (including a test authorized under the Federal Food, Drug, and Cosmetic Act); or Experiences adverse financial consequences as a result of certain events.

To qualify under this test, the individual (or his or her spouse or member of his or her household sharing his or her principal residence) must: Be quarantined, be furloughed or laid off, or have work hours reduced due to COVID-19; Be unable to work due to a lack of childcare because of COVID-19; Experience a business that he or she owns or operates due to COVID-19 close or have reduced hours; Have pay or self-employment income reduced because of COVID-19; or Have a job offer rescinded or start date for a job delayed due to COVID-19.

Favorable rules

As you can see, the rules allow many people — but not everyone — to take retirement plan distributions under the new exception. If you decide to take advantage of it, be sure to keep good records to show that you qualify. Be careful: You’ll be taxed on the coronavirus-related distribution amount that you don’t recontribute within the three-year window. But you won’t have to worry about owing the 10% early withdrawal penalty if you’re under 59½. Other rules and restrictions apply. Contact us if you have questions or need assistance. © 2020

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Helpful Articles

Employer Retention Credits

Valuable tax credits are available to employers to help mitigate the effects of the COVID-19 pandemic. But amid the chaos of the last few months, it may be hard to navigate the details of how to qualify for the credits. To help, the IRS has created a flowchart that explains the details of the Employer Retention Credit.

Also included in the document is a Leave Credits chart, which breaks down eligibility for paid sick leave and paid family leave credits by the employee’s situation. Employers can use the charts to determine whether they’re eligible for the credits, the amount of the credits, and which wages apply to the credits.

Here are the two charts: https://bit.ly/2YRGNoT

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Press Releases

ATA Named RAY Award Recipient

ATA was named first-place winner for the 2020 Risk Achievement of the Year (RAY) Award from Berkley Accident & Health for outstanding commitment to health risk management. The RAY Award represents a vested commitment to improving company health and wellness. ATA is committed to creating a space for employees to feel happy and productive.  In 2019, ATA received honorable mention.

There are numerous initiatives ATA has implemented to keep employees engaged and help increase productivity.  ATA also implemented a health savings account plan with a portion funded by the firm.  The firm implemented wellness challenges to encourage self-care, mindfulness, and relieve stress.  ATA also engaged over 25 businesses in all 14 markets to promote community wellness by giving to local backpack programs for schools and non-profit organizations.  During the holidays, ATA team members received a “Healthy Holidays Cookbook” to support nutritious choices.

ATA promotes a healthy workplace so employees’ happiness, productivity and overall well-being are amplified. The firm will continue to encourage healthy behaviors and seek innovative wellness initiatives.  To learn more about the RAY Award by Berkley Accident and Health, visit their website at https://www.berkleyah.com/ray-award/.

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Financial News Helpful Articles

PPP Flexibility Update

PPP Flexibility Update

The PPP Flexibility Act recently passed the House and Senate and has been signed by the President.  This bill allows greater latitude for Paycheck Protection Program borrowers. This means PPP loan recipients are granted more time and greater flexibility to utilize their funds while remaining eligible for loan forgiveness.

‌Key Updates

Current PPP borrowers can choose to extend the eight-week period to utilize the funds to twenty-four weeks, or they can keep the original eight-week timeframe. 

New PPP borrowers will have a 24-week covered period, but the covered period cannot extend beyond December 31, 2020. This flexibility is designed to make it easier for more borrowers to maximize their loan forgiveness. Businesses now have five years to repay the loan instead of two with the same interest rate at 1%.

The maturity on previous PPP loans is not automatically extended but may be extended by mutual agreement of the lender and the borrower. 

In the previous PPP loan agreement, borrowers had to devote a minimum of 75% to payroll expenses. Under the PPP Flexibility Bill, borrowers must spend at least 60% on payroll and no more than 40% for payments of interest on covered mortgage obligations, rent and utilities.

This update includes additional exceptions which should help borrowers reach full PPP loan forgiveness:

  1. The forgiveness amount will not be reduced if an employer can document an “inability to rehire individuals who were employees of the eligible recipient on February 15, 2020”; and, “an inability to hire similarly qualified employees for unfilled positions on or before December 31, 2020”.
  2. The borrower is able to document an inability to return to the same level of business activity as such business was operating at before February 15, 2020, due to compliance with requirements related to Covid-19 related operating restrictions.

We continue to monitor the details and guidelines as they unfold, contact your CPA for answers. Please visit our COVID-19 resource page for more information or visit Paycheck Protection Flexibility Act for more information.

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Tennessee Business Relief Program Issues $200 Million in Coronavirus Relief Funds

The State of Tennessee is making $200 million available for small businesses through the Tennessee Business Relief Program. The relief funds are intended for businesses that suffered during the mandatory business closures in the midst of COVID-19 shutdowns. 

More details are to come, but the relief program anticipates about 28,000 Tennessee small businesses to qualify, with more than 73% of those businesses earning annual gross sales of $500,000 or less. Allocations are based on the annual gross sales of the business.

Eligible Businesses
  • Barbershops
  • Beauty shops
  • Nail salons
  • Tattoo parlors, spas, and other personal care services
  • Gyms and fitness centers
  • Restaurants
  • Bars
  • Hotels and other travel accommodations
  • Theaters, auditoriums, performing arts centers and similar facilities
  • Museums, zoos, and other similar attractions
  • Amusement parks
  • Bowling centers and arcades
  • Marinas
  • Amusement, sports and recreational industries
  • Promoters of performing arts, sports, and similar events
  • Agents and managers of artists, athletes, and entertainers
  • Independent artists, writers, and performers
The Following Small Businesses May Qualify

Furthermore, the following small businesses may qualify if their sales were at least 25% lower on their April sales tax returns, which should have been filed in May:

 

  • Furniture stores
  • Home furnishing stores
  • Clothing stores
  • Shoe stores
  • Jewelry, luggage, and leather goods stores
  • Sporting goods, hobby, and musical instrument stores
  • Book stores
  • Department stores
  • Office supply, stationery and gift stores
  • Used merchandise stores
  • Other miscellaneous stores

ATA is keeping up-to-date on details as they are released. You can visit our COVID-19 Resource Page for information.  Visit Tennessee Business Relief Program for FAQ about the funds. 

We are here to help in this unprecedented time. Contact your CPA for more information. 
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Helpful Articles News

Fortunate enough to get a PPP loan? What you need to know about certain deductions that aren’t allowed.

The IRS has issued guidance clarifying that certain deductions aren’t allowed if a business has received a Paycheck Protection Program (PPP) loan. Specifically, an expense isn’t deductible if both:

1. The payment of the expense results in forgiveness of a loan made under the PPP.

2. The income associated with the forgiveness is excluded from gross income under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

PPP Basics

The CARES Act allows a recipient of a PPP loan to use the proceeds to pay payroll costs, certain employee healthcare benefits, mortgage interest, rent, utilities and interest on other existing debt obligations. A recipient of a covered loan can receive forgiveness of the loan in an amount equal to the sum of payments made for the following expenses during the 8-week “covered period” beginning on the loan’s origination date: 1) payroll costs, 2) interest on any covered mortgage obligation, 3) payment on any covered rent, and 4) covered utility payments. The law provides that any forgiven loan amount “shall be excluded from gross income.”

Deductible Expenses

So the question arises: If you pay for the above expenses with PPP funds, can you then deduct the expenses on your tax return? The tax code generally provides for a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. Covered rent obligations, covered utility payments, and payroll costs consisting of wages and benefits paid to employees comprise typical trade or business expenses for which a deduction generally is appropriate. The tax code also provides a deduction for certain interest paid or accrued during the taxable year on indebtedness, including interest paid or incurred on a mortgage obligation of a trade or business.

No Double Tax Benefit

In IRS Notice 2020-32, the IRS clarifies that no deduction is allowed for an expense that is otherwise deductible if payment of the expense results in forgiveness of a covered loan pursuant to the CARES Act and the income associated with the forgiveness is excluded from gross income under the law. The Notice states that “this treatment prevents a double tax benefit.”

To learn more about the Paycheck Protect Program and deductible expenses, contact our tax experts. © 2020

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The CARES Act liberalizes net operating losses

The Coronavirus Aid, Relief, and Economic Security (CARES) Act eliminates some of the tax-revenue-generating provisions included in a previous tax law. Here’s a look at how the rules for claiming certain tax losses have been modified to provide businesses with relief from the novel coronavirus (COVID-19) crisis.

NOL deductions

Basically, you may be able to benefit by carrying a net operating loss (NOL) into a different year — a year in which you have taxable income — and taking a deduction for it against that year’s income. The CARES Act includes favorable changes to the rules for deducting NOLs. First, it permanently eases the taxable income limitation on deductions. Under an unfavorable provision included in the Tax Cuts and Jobs Act (TCJA), an NOL arising in a tax year beginning in 2018 and later and carried over to a later tax year couldn’t offset more than 80% of the taxable income for the carryover year (the later tax year), calculated before the NOL deduction.

As explained below, under the TCJA, most NOLs arising in tax years ending after 2017 also couldn’t be carried back to earlier years and used to offset taxable income in those earlier years. These unfavorable changes to the NOL deduction rules were permanent — until now. For tax years beginning before 2021, the CARES Act removes the TCJA taxable income limitation on deductions for prior-year NOLs carried over into those years. So NOL carryovers into tax years beginning before 2021 can be used to fully offset taxable income for those years.

For tax years beginning after 2020, the CARES Act allows NOL deductions equal to the sum of: 100% of NOL carryovers from pre-2018 tax years, plus the lesser of 100% of NOL carryovers from post-2017 tax years, or 80% of remaining taxable income (if any) after deducting NOL carryovers from pre-2018 tax years. As you can see, this is a complex rule. But it’s more favorable than what the TCJA allowed and the change is permanent.

Carrybacks allowed for certain losses

Under another unfavorable TCJA provision, NOLs arising in tax years ending after 2017 generally couldn’t be carried back to earlier years and used to offset taxable income in those years. Instead, NOLs arising in tax years ending after 2017 could only be carried forward to later years. But they could be carried forward for an unlimited number of years. (There were exceptions to the general no-carryback rule for losses by farmers and property/casualty insurance companies). Under the CARES Act, NOLs that arise in tax years beginning in 2018 through 2020 can be carried back for five years. Important: If it’s beneficial, you can elect to waive the carryback privilege for an NOL and, instead, carry the NOL forward to future tax years.In addition, barring a further tax-law change, the no-carryback rule will come back for NOLs that arise in tax years beginning after 2020.

Past year opportunities

These favorable CARES Act changes may affect prior tax years for which you’ve already filed tax returns. To benefit from the changes, you may need to file an amended tax return. Have questions? Contact us on our leadership page.  © 2020

 

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Have tax questions related to COVID-19? Here are some answers!

The coronavirus (COVID-19) pandemic has affected many Americans’ finances. Here are some answers to questions you may have right now.

My employer closed the office and I’m working from home. Can I deduct any of the related expenses? Unfortunately, no. If you’re an employee who telecommutes, there are strict rules that govern whether you can deduct home office expenses. For 2018–2025 employee home office expenses aren’t deductible. (Starting in 2026, an employee may deduct home office expenses, within limits, if the office is for the convenience of his or her employer and certain requirements are met.) Be aware that these are the rules for employees. Business owners who work from home may qualify for home office deductions.

My son was laid off from his job and is receiving unemployment benefits. Are they taxable? Yes. Unemployment compensation is taxable for federal tax purposes. This includes your son’s state unemployment benefits plus the temporary $600 per week from the federal government. (Depending on the state he lives in, his benefits may be taxed for state tax purposes as well.) Your son can have tax withheld from unemployment benefits or make estimated tax payments to the IRS.

The value of my stock portfolio is currently down. If I sell a losing stock now, can I deduct the loss on my 2020 tax return? It depends. Let’s say you sell a losing stock this year but earlier this year, you sold stock shares at again. You have both a capital loss and a capital gain. Your capital gains and losses for the year must be netted against one another in a specific order, based on whether they’re short-term (held one year or less) or long-term (held for more than one year). If, after the netting, you have short-term or long-term losses (or both), you can use them to offset up to $3,000 ordinary income ($1,500 for married taxpayers filing separately). Any loss in excess of this limit is carried forward to later years, until all of it is either offset against capital gains or deducted against ordinary income in those years, subject to the $3,000 limit.

I know the tax filing deadline has been extended until July 15 this year. Does that mean I have more time to contribute to my IRA? Yes. You have until July 15 to contribute to an IRA for 2019. If you’re eligible, you can contribute up to $6,000 to an IRA, plus an extra $1,000 “catch-up” amount if you were age 50 or older on December 31, 2019.

What about making estimated payments for 2020? The 2020 estimated tax payment deadlines for the first quarter (due April 15) and the second quarter (due June 15) have been extended until July 15, 2020.

Need help? These are only some of the tax-related questions you may have related to COVID-19. Contact one of our experts if you have other questions or need more information about the topics discussed above or email info@atacpa.net. ©2020

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PPP Data Collection Spreadsheet

*As of 4-28-20

View this updated PPP loan forgiveness workbook that can benefit your business. Consider gathering as much information as possible now by using the PPP loan forgiveness data collection form. Click here to download the spreadsheet.