Archives for Industry News

Albert Yang, CPA Tax Director   The IRS recently released draft Form 7217, Partner’s Report of Property Distributed by a Partnership, and related draft instructions. The purpose of Form 7217 is to report all distribution of property that a partner receives from a partnership. A partner receiving a distribution of property from a partnership in a non-liquidating or liquidating distribution will use the form to report the basis of the distributed property. Type of distribution where Form 7217 IS required: Distribution of property subject to section 732. Types of distributions where Form 7217 IS NOT required: Distributions of money (or
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Greg Lambourne, Esq. Jason Gonzalez   United States citizens should be aware the Corporate Transparency Act (CTA) requires virtually all business entities registered in the 50 states to submit detailed written disclosure of their owners and powerholders to the US Treasury’s Financial Crimes Enforcement Network (FinCEN). These new “Beneficial Ownership Information Reports” (BOI Reports) for entities created before 2024 need to be filed by the end of the year when the Act enforcement begins. The BOE Reports require the names, addresses, and driver’s licenses or passports of all individuals that directly or indirectly own 25% or more of the company’s
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By Gregory Lambourne, Esq. Senior Planning Consultant   Most Californians don’t realize they have access to one of the greatest protections for their retirement nest egg; Greater than protections available for 401(k)s, IRAs, and other pension plans.  California Civil Procedure Code section 704.115(b) provides unlimited statutory exemption from lawsuits and creditor claims for assets held in trust pursuant to a “private retirement plan”. Understanding the intricacies of this statute, case law, and best practices is crucial to maximizing benefits and avoiding potential planning pitfalls. A California resident may have a company they own or work for sponsor a retirement plan
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By Jennifer Haddad, CPA Audit Partner   The Secure 2.0 Act of 2022 changed the rules for hardship withdrawals for employee benefit plans by allowing Plan Sponsors to rely on self-certification by an employee for a hardship withdrawal in lieu of requiring documentation.  An employee must certify that they a) have an immediate and heavy financial need, b) the distribution is not greater than the financial need, c) the employee has no other means to meet the need, and c) the financial need is permitted by IRS regulations.  This change has allowed Plan Sponsors to streamline the hardship distribution process,
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The IRS Section 280A, often referred to as the “Augusta Rule,” presents a unique tax-saving opportunity for homeowners who run businesses. Named after the city of Augusta, Georgia, where homeowners rent out their properties during the Masters Golf Tournament, this provision allows homeowners to rent out their homes to their businesses for short periods without having to report the rental income. Here’s a closer look at this tax loophole and how it can benefit you. What is IRS Section 280A? IRS Section 280A deals with the tax treatment of home office expenses and rental use of a taxpayer’s residence. The
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Cheryl Shelton Estate & Trust Director   Do you have a buy-sell agreement with your business partner(s) and the company owns life insurance on each of you so the remaining partner(s) will have the cash to purchase your share from your estate?  If so, you will want to know about a recent Supreme Court decision that sides with the IRS stating that the life insurance payout could increase your estate. Here’s what happened: Connelly v. United States No. 23-146 (June 6, 2024) Two brothers who ran a family business entered into a buy-sell arrangement that gave the surviving brother the
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Tax scams are increasingly sophisticated in 2024, with scammers continually evolving their tactics to deceive taxpayers and tax professionals. Here are some of the most prevalent tax scams this year to be cautious of: Phishing and Smishing: Fraudsters send emails or text messages that appear to be from the IRS, asking recipients to click on a link or provide personal information to claim a refund or resolve an issue. These messages often contain malicious links that can steal personal data or install malware on devices​ (IRS.gov)​​ (CPA Practice Advisor)​. AI-Driven Scams: With the rise of AI tools, scammers are creating
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Nicole Wiriadi, CPA, MST Tax Director   The Tax Cuts and Jobs Act of 2017 (TCJA) introduced a provision that directly impacted businesses’ ability to deduct interest expenses from their taxable income under Section 163(j) of the Internal Revenue Code. This provision applies to all types of taxpayers, including corporations, partnerships, and individuals, with exceptions. Some of the key provisions of Section 163(j) are as follows: Interest Deductibility Limitation The deduction for business interest expense is generally limited to the sum of 30% of adjusted taxable income (ATI), business interest income, and floor plan financing interest expense. Carryforward of Disallowed
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As businesses navigate the complexities of economic recovery, government programs like the Employee Retention Credit (ERC) serve as lifelines for financial support. However, with the surge in popularity of these programs, some unscrupulous entities may engage in aggressive marketing practices to exploit businesses seeking assistance. In this article, we will explore the warning signs of aggressive ERC marketing and provide guidance on how businesses can protect themselves from potential pitfalls. Unrealistic Promises: One of the first warning signs of aggressive ERC marketing is the promise of unrealistic benefits. Businesses should be wary of providers claiming to guarantee substantial ERC benefits
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