The dawning of 2019 means the 2018 income tax filing season will soon be upon us. After year end, it’s generally too late to take action to reduce 2018 taxes. Business owners may, therefore, want to shift their focus to assessing whether they’ll likely owe taxes or get a refund when they file their returns this spring, so they can plan accordingly.

With the biggest tax law changes in decades — under the Tax Cuts and Jobs Act (TCJA) — generally going into effect beginning in 2018, most businesses and their owners will be significantly impacted. So, refreshing yourself on the major changes is a good idea.

Taxation of pass-through entities

These changes generally affect owners of S corporations, partnerships and limited liability companies (LLCs) treated as partnerships, as well as sole proprietors:

• Drops of individual income tax rates ranging from 0 to 4 percentage points (depending on the bracket) to 10%, 12%, 22%, 24%, 32%, 35% and 37%
• A new 20% qualified business income deduction for eligible owners (the Section 199A deduction)
• Changes to many other tax breaks for individuals that will impact owners’ overall tax liability

Taxation of corporations

These changes generally affect C corporations, personal service corporations (PSCs) and LLCs treated as C corporations:

• Replacement of graduated corporate rates ranging from 15% to 35% with a flat corporate rate of 21%
• Replacement of the flat PSC rate of 35% with a flat rate of 21%
• Repeal of the 20% corporate alternative minimum tax (AMT)

Tax break positives

These changes generally apply to both pass-through entities and corporations:

• A new disallowance of deductions for net interest expense in excess of 30% of the business’s adjusted taxable income (exceptions apply)
• New limits on net operating loss (NOL) deductions
• Elimination of the Section 199 deduction (not to be confused with the new Sec.199A deduction), which was for qualified domestic production activities and commonly referred to as the “manufacturers’ deduction”
• A new rule limiting like-kind exchanges to real property that is not held primarily for sale (generally no more like-kind exchanges for personal property)
• New limitations on deductions for certain employee fringe benefits, such as entertainment and, in certain circumstances, meals and transportation

Preparing for 2018 filing

Keep in mind that additional rules and limits apply to the rates and breaks covered here. Also, these are only some of the most significant and widely applicable TCJA changes; you and your business could be affected by other changes as well. Contact us to learn precisely how you might be affected and for help preparing for your 2018 tax return filing — and beginning to plan for 2019, too.

Roth & Company LLP, who this year celebrated 40 years as a top-tier accounting firm, announced the appointments of Rachel Stein and Hershy Donath as new partners to the firm.

As of 2019, Mrs. Stein will be promoted from Senior Manager, the position she currently holds in the firm’s Brooklyn office. Mr. Donath will be transitioning to Partner in Roth&Co’s Lakewood location. He comes from Ernst and Young, where he’s been operating as Executive Director in the firm’s audit practice.

Speaking on behalf of the firm’s existing Partners, Co-Managing Partner Mr. Zacharia Waxler says, ‘we constantly seek to acknowledge the dedication of our team members and reward them when appropriate. We are delighted to promote Rachel to Partner in the firm. She has been a valuable asset to Roth&Co over the last ten years, and continues to demonstrate an outstanding commitment to the firm’s growth and values, as well as consistently excelling in her work with clients.’

Mr. Waxler continues, ‘Hershy is a talented accountant with extensive experience, we are excited to have him on board, and look forward to his future contributions positively impacting the firm and our clients.’

About Rachel
Mrs. Stein is a skilled accountant with extensive experience advising a variety of real estate, hospitality and wholesale distribution clients. She has developed close relationships with leading real estate owners and investors, and has been instrumental in generating effective solutions to critical tax issues in real estate transactions.
Rachel is also the firm’s expert advisor for foreign investors seeking to invest in the US, skillfully guiding them through the complexities of US tax compliance. She is proficient in coordinating US tax laws with foreign tax laws to create an optimal worldwide tax approach. In her role as partner, Rachel will continue to grow this area of the firm, working to extend the expertise and services clients will receive.

About Hershy
Mr. Donath is an accomplished accountant with 15 years of public accounting experience. He has most recently been working with large publicly traded REITs and privately held Real Estate Funds. Hershy also has valuable experience across a variety of industries, including, hospitality, media and entertainment, consumer products and alternative energy.

At Ernst and Young, Hershy was a member of the Northeast Region Quality Network, responsible for audit teams across the region. Hershy advised engagement teams on audit methodology and supported quality initiatives in response to the Public Accounting Oversight Board and internal quality reviews.

When asked about joining Roth&Co, Mr. Donath says, ‘I look forward to bringing big firm know-how, experience, and quality to the intimate setting of a community-based firm, providing our clients with the best of both worlds.’

About Roth & Company LLP
Roth & Company was established over 40 years ago in Brooklyn, New York by Mr. Abraham Roth. The firm has since expanded to four locations, with relationships that span more than four decades, and over one hundred fifty specialized employees serving as trusted guides through the financial world.

Roth & Company is proud to be a purpose driven company, providing the personalized services of a small firm with the expertise of a large organization. The firm operates according to its ethos ‘Beyond Business,’ implementing practices that maximize benefit over profit, and putting people before the bottom line.
For more information or to speak with an expert, visit www.rothcocpa.com or call 718-236-1600.

Do you have investments outside of tax-advantaged retirement plans? If so, you might still have time to shrink your 2018 tax bill by selling some investments ― you just need to carefully select which investments you sell.

Try balancing gains and losses

If you’ve sold investments at a gain this year, consider selling some losing investments to absorb the gains. This is commonly referred to as “harvesting” losses.

If, however, you’ve sold investments at a loss this year, consider selling other investments in your portfolio that have appreciated, to the extent the gains will be absorbed by the losses. If you believe those appreciated investments have peaked in value, essentially you’ll lock in the peak value and avoid tax on your gains.

Review your potential tax rates

At the federal level, long-term capital gains (on investments held more than one year) are taxed at lower rates than short-term capital gains (on investments held one year or less). The Tax Cuts and Jobs Act (TCJA) retains the 0%, 15% and 20% rates on long-term capital gains. But, for 2018 through 2025, these rates have their own brackets, instead of aligning with various ordinary-income brackets.

For example, these are the thresholds for the top long-term gains rate for 2018:

• Singles: $425,800
• Heads of households: $452,400
• Married couples filing jointly: $479,000

But the top ordinary-income rate of 37%, which also applies to short-term capital gains, doesn’t go into effect until income exceeds $500,000 for singles and heads of households or $600,000 for joint filers. The TCJA also retains the 3.8% net investment income tax (NIIT) and its $200,000 and $250,000 thresholds.

Don’t forget the netting rules

Before selling investments, consider the netting rules for gains and losses, which depend on whether gains and losses are long term or short term. To determine your net gain or loss for the year, long-term capital losses offset long-term capital gains before they offset short-term capital gains. In the same way, short-term capital losses offset short-term capital gains before they offset long-term capital gains.

You may use up to $3,000 of total capital losses in excess of total capital gains as a deduction against ordinary income in computing your adjusted gross income. Any remaining net losses are carried forward to future years.

Time is running out

By reviewing your investment activity year-to-date and selling certain investments by year end, you may be able to substantially reduce your 2018 taxes. But act soon, because time is running out.

Keep in mind that tax considerations shouldn’t drive your investment decisions. You also need to consider other factors, such as your risk tolerance and investment goals.

We can help you determine what makes sense for you. Please contact us.

Tax planning is a year-round activity, but there are still some year-end strategies you can use to lower your 2018 tax bill. Here are six last-minute tax moves business owners should consider:

1. Postpone invoices. If your business uses the cash method of accounting, and it would benefit from deferring income to next year, wait until early 2019 to send invoices. Accrual-basis businesses can defer recognition of certain advance payments for products to be delivered or services to be provided next year.
2. Prepay expenses. A cash-basis business may be able to reduce its 2018 taxes by prepaying certain expenses — such as lease payments, insurance premiums, utility bills, office supplies and taxes — before the end of the year. Many expenses can be deducted up to 12 months in advance.
3. Buy equipment. Take advantage of 100% bonus depreciation and Section 179 expensing to deduct the full cost of qualifying equipment or other fixed assets. Under the Tax Cuts and Jobs Act, bonus depreciation, like Sec. 179 expensing, is now available for both new and used assets. Keep in mind that, to deduct the expense on your 2018 return, the assets must be placed in service — not just purchased — by the end of the year.
4. Use credit cards. What if you’d like to prepay expenses or buy equipment before the end of the year, but you don’t have the cash? Consider using your business credit card. Generally, expenses paid by credit card are deductible when charged, even if you don’t pay the credit card bill until next year.
5. Use credit cards. What if you’d like to prepay expenses or buy equipment before the end of the year, but you don’t have the cash? Consider using your business credit card. Generally, expenses paid by credit card are deductible when charged, even if you don’t pay the credit card bill until next year.
6. Contribute to retirement plans. If you’re self-employed or own a pass-through business — such as a partnership, limited liability company or S corporation — one of the best ways to reduce your 2018 tax bill is to increase deductible contributions to retirement plans. Usually, these contributions must be made by year-end. But certain plans — such as SEP IRAs — allow your business to make 2018 contributions up until its tax return due date (including extensions).
7. Qualify for the pass-through deduction. If your business is a sole proprietorship or pass-through entity, you may qualify for the new pass-through deduction of up to 20% of qualified business income. But if your taxable income exceeds $157,500 ($315,000 for joint filers), certain limitations kick in that can reduce or even eliminate the deduction. One way to avoid these limitations is to reduce your income below the threshold — for example, by having your business increase its retirement plan contributions.

Most of these strategies are subject to various limitations and restrictions beyond what we’ve covered here, so please consult us before you implement them. We can also offer more ideas for reducing your taxes this year and next.

Roth&Co Partners and staff reflect on the firm’s journey over the last 40 years.