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April 29, 2021

Post-COVID Culture

Post-COVID Culture
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When the pandemic ends, many companies will find that their business model has been changed in fundamental ways. The reality is that these changes will not just be in what consumers expect, but also in how employees operate, as well as the overall business culture.

Some business leaders are yearning to have everyone back in the office, but it is important that they understand how their employees’ needs and desires have changed. Retaining the best talent will likely require greater flexibility in the work environment. That is why leading tech companies such as Twitter, Facebook, Oracle, Google and Salesforce have announced flexible working arrangements for their employees.

A Harvard business school survey found that 27% of employees hope to work remotely full-time, 61% would like to work 2-3 days a week from home, and only 18% want to go back to the office full-time. A Pew Research Center survey found similar results with more than half of Americans currently working remotely due to the pandemic, wanting to continue working from home most or all of the time.

Michael Watkins, professor at IMD Business School, defined ‘organizational culture’ as consistent, observable patterns of behavior in organizations. Obviously, the pandemic has fundamentally changed those patterns, and therefore changed the culture of just about every business and organization. In the post-COVID world, leaders need to seriously consider the new business culture that was created by the pandemic and avoid trying to recreate their pre-COVID cultures. Here are steps that leaders can consider as they prepare their organizations and employees to emerge stronger in the post-pandemic world.

Integrate Slowly. Emerging from any profoundly disruptive experience takes time, and this pandemic is no different. Some employees may be ready and hoping to return to “normal,” believing that it will bring renewed focus. Other employees have changed their lives around to make remote work possible, and are now finally comfortable with the current arrangement. Some may even be exhausted and confused, needing time to process what they have experienced. Employees will need the chance to integrate and reflect as they begin to adjust once again to their work practices post-pandemic. Your business culture undoubtably changed and it will need to be rebuilt collectively.

Identify What Worked. To keep up during the pandemic, businesses were forced to act quickly. Decisions and plans that often took weeks or months, were being decided in days. According to the Harvard Business Review, a leading retailer was exploring how to launch a curbside-delivery business and the plan stretched over 18 months. When the COVID lockdown hit, it went live in two days. During the pandemic, clear goals, rapid decision making and focused teams replaced corporate bureaucracy. As we move into the post-COVID era, leaders must acknowledge and commit to not going backwards. Rethinking their organization and culture will go a long way in developing a long-term competitive advantage.

Identify What to Discard. It will be important to retain some long-established cultural practices and beliefs, institutionalize others that developed during the crisis and discard those that are no longer useful. You need to identify which is which. Are your employees happier and more effective working remotely, or is face-to-face interaction an important component of your business and industry?

Embrace the Future of Work. The future of remote work was always coming, but COVID has hastened the pace. Employees across all industries have learned how to complete tasks remotely, using digital communication and collaboration tools. Continuing this shift will call for substantial investment in workforce training, specifically in new skills using digital tools. It will also require employers to seriously consider hybrid working models for their employees.

Business leaders need to have a sound understanding of the evolution of their industry to determine how their business will succeed in the future. Your business’s culture has been influenced by the pandemic, but those changes can have a positive impact, if managed correctly.

April 28, 2021 BY Our Partners at Equinum Wealth Management

The Deficit Debate Is About to Be Settled

The Deficit Debate Is About to Be Settled
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“Money doesn’t grow on trees,” roared Papa Bear in The Berenstain Bears’ Trouble with Money.

Though ‘cancel culture’ may not have criticized the Berenstain Bears for their gender stereotypes, they ought to call them out them for their misconception about finances.  Because apparently, money does grow on trees.

As of now, the total cost of stimulating the COVID-stricken economy stands at $3.4 trillion, according to the Committee for a Responsible Federal Budget. This includes monies spent on PPP loans, direct stimulus checks and other government spending programs. (And that’s on top of the $2.9 trillion that the Federal Reserve spent on their own asset purchasing, including junk debt.)

Now, Congress is debating a $2 trillion infrastructure bill proposed by President Biden which includes things like roads, airports, railways, a guaranteed job program…you know, ‘infrastructure.’ (We’re not implying that these things aren’t crucial, but calling them ‘infrastructure’ is simply inaccurate.)

If you’re wondering, ‘Well who’s gonna pay for all this?’ you’re not alone. (Don’t wonder too loudly though, or you’ll be met with a ‘you don’t care about the poor!’)

Defining the financial role of the Federal Government has always been a debate among economists. But this debate has taken a backseat to a new debate, which we’re about to explore. And that is: Does national debt even matter?

What started out as a fringe belief in the minds of a few economists has started to creep into the progressive wings of our liberal lawmakers. This is known on the Street as MMT, or Modern Monetary Theory.

Economists who buy into MMT argue that a country that prints its own currency has little to worry about its debt. The crux of MMT is that national debt isn’t actually bad,  since it’s basically another way for the government to pour money into the private sector. See, when a government enacts a spending program,  it prints and circulates more money into the economy. So yes, the government is taking on debt, but it can always print more money to cover it. MMT says that the national debt deficit should be upped to the point where a country has full employment, because the deficit will be made up for by the output from the employees. (The only thing a money-printing country should worry about, argues MMT, is inflation.)

Remember the old Keynesian view on monetary policy? The one where economist John Maynard Keynes argued that in an economic downturn, the government could stimulate demand by paying people to dig holes in the ground, and paying others to fill them back up?  His point was that we should inject money into the economy from the top – through government programs – and to let the money just keep circulating downwards.

Well, MMT takes the Keynesian view to a whole new level.

According to MMT economists, the purpose of taxes is not to serve as federal income for the government to cover its expenses.  Rather, its purpose is to solve income inequality and limit inflation by taking money from the rich.

Is it a coincidence that the lawmakers that have embraced MMT are the ones who want to institute programs like The Green New Deal or Medicaid For All? You can’t blame the sceptics for believing that this is just a convenient way to answer the “who’s going to pay for it?” question.

Hold tight, ladies and gents. The debate about MMT is about to get settled. If sending out stimulus checks to 85% of the country and dishing out trillions on various random programs doesn’t cause the degradation of the dollar with hyper-inflation, then don’t we all need to agree that MMT wins?

Whether it’s the U.S. dollar or our traditional economy textbooks, something’s about to become worthless. We’ll just need to wait and see which one.

 

April 28, 2021

Important Updates for Nonprofits

Important Updates for Nonprofits
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We would like to share two important updates relevant to nonprofit organizations that will enhance facilities, serve employees and save money.
Security Grants Recipients – Bridge Loan Program
The Hebrew Free Loan Society (HFLS) has created a bridge loan fund offering capital to federal and state grant recipients to use for immediate security upgrades. This loan is for organizations that have received security grants but cannot afford to pay for those security enhancements upfront while awaiting reimbursement from the government. The program provides interest-free loans of up to $150,000 to organizations in any of New York City’s five boroughs, Westchester, Long Island and Northern New Jersey. Click here for more information, or contact Fred Cohen at fcohen@hfls.org.
Paid Time Off For Employees To Get COVID-19 Vaccinations
The IRS has issued new guidance aimed at helping employees get Covid-19 vaccinations. Day schools, shuls and other organizations with fewer than 500 employees may now be eligible to receive federal financial support for the paid time off they provide to employees to get and recover from COVID-19 vaccinations. This support comes in the form of a tax credit which is funded by the most recent COVID-19 relief package, the American Rescue Plan (ARP).
The ARP tax credits are available to eligible employers that pay sick and family leave for leave taken from April 1, 2021, through September 30, 2021. Eligible employers can claim the paid leave tax credit to offset the cost of providing sick leave for up to 80 hours (or 10 workdays), and up to a dollar value of $511 per day.
For more information on paid leave for employees receiving COVID-19 vaccines, please see the guidance outlined by the IRS, here.
This material has been prepared for informational purposes only, and is not intended to provide, nor should it be relied upon for legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

April 26, 2021

Why It’s Important to Meet the Tax Return Filing and Payment Deadlines

Why It’s Important to Meet the Tax Return Filing and Payment Deadlines
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The May 17 deadline for filing your 2020 individual tax return is coming up soon. It’s important to file and pay your tax return on time to avoid penalties imposed by the IRS. Here are the basic rules.

Failure to pay

Separate penalties apply for failing to pay and failing to file. The failure-to-pay penalty is 1/2% for each month (or partial month) the payment is late. For example, if payment is due May 17 and is made June 22, the penalty is 1% (1/2% times 2 months (or partial months)). The maximum penalty is 25%.

The failure-to-pay penalty is based on the amount shown as due on the return (less credits for amounts paid through withholding or estimated payments), even if the actual tax bill turns out to be higher. On the other hand, if the actual tax bill turns out to be lower, the penalty is based on the lower amount.

For example, if your payment is two months late and your return shows that you owe $5,000, the penalty is 1%, which equals $50. If you’re audited and your tax bill increases by another $1,000, the failure-to-pay penalty isn’t increased because it’s based on the amount shown on the return as due.

Failure to file

The failure-to-file penalty runs at a more severe rate of 5% per month (or partial month) of lateness to a maximum of 25%. If you obtain an extension to file (until October 15), you’re not filing late unless you miss the extended due date. However, a filing extension doesn’t apply to your responsibility for payment.

If the 1/2% failure-to-pay penalty and the failure-to-file penalty both apply, the failure-to-file penalty drops to 4.5% per month (or part) so the total combined penalty is 5%. The maximum combined penalty for the first five months is 25%. After that, the failure-to-pay penalty can continue at 1/2% per month for 45 more months (an additional 22.5%). Thus, the combined penalties could reach 47.5% over time.

The failure-to-file penalty is also more severe because it’s based on the amount required to be shown on the return, and not just the amount shown as due. (Credit is given for amounts paid via withholding or estimated payments. So if no amount is owed, there’s no penalty for late filing.) For example, if a return is filed three months late showing $5,000 owed (after payment credits), the combined penalties would be 15%, which equals $750. If the actual tax liability is later determined to be an additional $1,000, the failure to file penalty (4.5% × 3 = 13.5%) would also apply for an additional $135 in penalties.

A minimum failure to file penalty will also apply if you file your return more than 60 days late. This minimum penalty is the lesser of $210 or the tax amount required to be shown on the return.

Reasonable cause

Both penalties may be excused by IRS if lateness is due to “reasonable cause.” Typical qualifying excuses include death or serious illness in the immediate family and postal irregularities.

As you can see, filing and paying late can get expensive. Furthermore, in particularly abusive situations involving a fraudulent failure to file, the late filing penalty can reach 15% per month, with a 75% maximum. Contact us if you have questions or need an appointment to prepare your return.

April 22, 2021

Know the Ins and Outs of “Reasonable Compensation” for a Corporate Business Owner

Know the Ins and Outs of “Reasonable Compensation” for a Corporate Business Owner
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Owners of incorporated businesses know that there are tax advantages to withdrawing money from a C corporation as compensation, rather than as dividends. The reason: A corporation can deduct the salaries and bonuses that it pays executives, but not its dividend payments. Thus, if funds are paid as dividends, they’re taxed twice, once to the corporation and once to the recipient. Money paid out as compensation is only taxed once — to the employee who receives it.

However, there are limits to how much money you can take out of a corporation this way. Under tax law, compensation can be deducted only to the extent that it’s reasonable. Any unreasonable portion isn’t deductible and, if paid to a shareholder, may be taxed as if it were a dividend. Keep in mind that the IRS is generally more interested in unreasonable compensation payments made to someone “related” to a corporation, such as a shareholder-employee or a member of a shareholder’s family.

Determining reasonable compensation

There’s no easy way to determine what’s reasonable. In an audit, the IRS examines the amount that similar companies would pay for comparable services under similar circumstances. Factors that are taken into account include the employee’s duties and the amount of time spent on those duties, as well as the employee’s skills, expertise and compensation history. Other factors that may be reviewed are the complexities of the business and its gross and net income.

There are some steps you can take to make it more likely that the compensation you earn will be considered “reasonable,” and therefore deductible by your corporation. For example, you can:

  • Keep compensation in line with what similar businesses are paying their executives (and keep whatever evidence you can get of what others are paying to support what you pay).
  • In the minutes of your corporation’s board of directors, contemporaneously document the reasons for compensation paid. For example, if compensation is being increased in the current year to make up for earlier years in which it was low, be sure that the minutes reflect this. (Ideally, the minutes for the earlier years should reflect that the compensation paid then was at a reduced rate.) Cite any executive compensation or industry studies that back up your compensation amounts.
  • Avoid paying compensation in direct proportion to the stock owned by the corporation’s shareholders. This looks too much like a disguised dividend and will probably be treated as such by IRS.
  • If the business is profitable, pay at least some dividends. This avoids giving the impression that the corporation is trying to pay out all of its profits as compensation.

You can avoid problems and challenges by planning ahead. If you have questions or concerns about your situation, contact us.

April 21, 2021

Ensure Competitive Intelligence Efforts Are Helpful, Not Harmful

Ensure Competitive Intelligence Efforts Are Helpful, Not Harmful
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With so many employees working remotely these days, gathering competitive intelligence has never been easier. The Internet as a whole, and social media specifically, have created a data-rich environment where a business owner can uncover a wide variety of information about what competitors are up to. All you or an employee need to do is open a browser tab and start looking.

But should you? Well, competitive intelligence — formally defined as the gathering and analysis of publicly available information about one or more competitors for strategic planning purposes — has been around for decades. One could say that a business owner would be imprudent not to keep tabs on his or her fiercest competition.

The key is to engage in competitive intelligence legally and ethically. Here are some best practices to keep in mind:

Know the rules and legal risks. Naturally, the very first rule of competitive intelligence is to avoid inadvertently breaking the law or otherwise exposing yourself or your company to a legal challenge. The technicalities of intellectual property law are complex; it can be easy to run afoul of the rules unintentionally.

When accessing or studying another company’s products or services, proceed carefully and consult your attorney if you fear you’re on unsteady ground and particularly before putting any lessons learned into practice.

Vet your sources carefully. While gathering information, you or your employees may establish sources within the industry or even with a specific competitor. Be sure you don’t encourage these sources, even accidentally, to violate any standing confidentiality or noncompete agreements.

Don’t hide behind secret identities. As easy as it might be to create a “puppet account” on social media to follow and even comment on a competitor’s posts, the negative fallout of such an account being exposed can be devastating. Also, if you sign up to receive marketing e-mails from a competitor, use an official company address and, if asked, state “product or service evaluation” as the reason you’re subscribing.

Train employees and keep an eye on consultants. Some business owners might assume their employees would never engage in unethical or even illegal activities when gathering information about a competitor. Yet it happens. One glaring example occurred in 2015, when the Federal Bureau of Investigations and U.S. Department of Justice investigated a Major League Baseball team because one of its employees allegedly hacked into a competing team’s computer systems. The investigation concluded in 2017 with a lengthy prison term for the perpetrator and industry fines and other penalties for his employer.

Discourage employees from doing competitive intelligence on their own. Establish a formal policy, reviewed by an attorney, that includes ethics training and strict management oversight. If you engage consultants or independent contractors, be sure they know and abide by the policy as well. Our firm can help you identify the costs and measure the financial benefits of competitive intelligence.

April 19, 2021

Spendthrift Trusts Aren’t Just for Spendthrifts

Spendthrift Trusts Aren’t Just for Spendthrifts
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Now that the federal gift and estate tax exemption has reached an inflation-adjusted $11.7 million for 2021, fewer estates are subject to the federal tax. And even though President Biden has proposed reducing the exemption to $3.5 million, it’s uncertain whether that proposal will pass Congress. If nothing happens, the exemption is scheduled to revert to an inflation-adjusted $5 million on January 1, 2026. Nonetheless, estate planning will continue to be essential for most families. That’s because tax planning is only a small component of estate planning — and usually not even the most important one.

The primary goal of estate planning is to protect your family, and saving taxes is just one of many strategies you can use to provide for your family’s financial security. Another equally important strategy is asset protection. And a spendthrift trust can be an invaluable tool for preserving wealth for your heirs.

“Spendthrift” is a misnomer

Despite its name, the purpose of a spendthrift trust isn’t just to protect profligate heirs from themselves. Although that’s one use for this trust type, even the most financially responsible heirs can be exposed to frivolous lawsuits, dishonest business partners or unscrupulous creditors.

A properly designed spendthrift trust can protect your family’s assets against such attacks. It can also protect your loved ones in the event of relationship changes. If one of your children divorces, your child’s spouse generally can’t claim a share of the spendthrift trust property in the divorce settlement.

Also, if your child predeceases his or her spouse, the spouse generally is entitled by law to a significant portion of your child’s estate. In some cases, that may be a desirable outcome. But in others, such as second marriages when there are children from a prior marriage, a spendthrift trust can prevent your child’s inheritance from ending up in the hands of his or her spouse rather than in those of your grandchildren.

Safeguarding your wealth

A variety of trusts can be spendthrift trusts. It’s just a matter of including a spendthrift clause, which restricts a beneficiary’s ability to assign or transfer his or her interest in the trust and restricts the rights of creditors to reach the trust assets.

It’s important to recognize that the protection offered by a spendthrift trust isn’t absolute. Depending on applicable law, it may be possible for government agencies to reach the trust assets — to satisfy a tax obligation, for example.

Generally, the more discretion you give the trustee over distributions from the trust, the greater the protection against creditors’ claims. If the trust requires the trustee to make distributions for a beneficiary’s support, for example, a court may rule that a creditor can reach the trust assets to satisfy support-related debts. For increased protection, it’s preferable to give the trustee full discretion over whether and when to make distributions.

If you have further questions regarding spendthrift trusts, please contact us. We’d be happy to help you determine if one is right for your estate plan.

April 15, 2021

Simple Retirement Savings Options for Your Small Business

Simple Retirement Savings Options for Your Small Business
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Are you thinking about setting up a retirement plan for yourself and your employees, but you’re worried about the financial commitment and administrative burdens involved in providing a traditional pension plan? Two options to consider are a “simplified employee pension” (SEP) or a “savings incentive match plan for employees” (SIMPLE).

SEPs are intended as an alternative to “qualified” retirement plans, particularly for small businesses. The relative ease of administration and the discretion that you, as the employer, are permitted in deciding whether or not to make annual contributions, are features that are appealing.

Uncomplicated paperwork

If you don’t already have a qualified retirement plan, you can set up a SEP simply by using the IRS model SEP, Form 5305-SEP. By adopting and implementing this model SEP, which doesn’t have to be filed with the IRS, you’ll have satisfied the SEP requirements. This means that as the employer, you’ll get a current income tax deduction for contributions you make on behalf of your employees. Your employees won’t be taxed when the contributions are made but will be taxed later when distributions are made, usually at retirement. Depending on your needs, an individually-designed SEP — instead of the model SEP — may be appropriate for you.

When you set up a SEP for yourself and your employees, you’ll make deductible contributions to each employee’s IRA, called a SEP-IRA, which must be IRS-approved. The maximum amount of deductible contributions that you can make to an employee’s SEP-IRA, and that he or she can exclude from income, is the lesser of: 25% of compensation and $58,000 for 2021. The deduction for your contributions to employees’ SEP-IRAs isn’t limited by the deduction ceiling applicable to an individual’s own contribution to a regular IRA. Your employees control their individual IRAs and IRA investments, the earnings on which are tax-free.

There are other requirements you’ll have to meet to be eligible to set up a SEP. Essentially, all regular employees must elect to participate in the program, and contributions can’t discriminate in favor of the highly compensated employees. But these requirements are minor compared to the bookkeeping and other administrative burdens connected with traditional qualified pension and profit-sharing plans.

The detailed records that traditional plans must maintain to comply with the complex nondiscrimination regulations aren’t required for SEPs. And employers aren’t required to file annual reports with IRS, which, for a pension plan, could require the services of an actuary. The required recordkeeping can be done by a trustee of the SEP-IRAs — usually a bank or mutual fund.

SIMPLE Plans

Another option for a business with 100 or fewer employees is a “savings incentive match plan for employees” (SIMPLE). Under these plans, a “SIMPLE IRA” is established for each eligible employee, with the employer making matching contributions based on contributions elected by participating employees under a qualified salary reduction arrangement. The SIMPLE plan is also subject to much less stringent requirements than traditional qualified retirement plans. Or, an employer can adopt a “simple” 401(k) plan, with similar features to a SIMPLE plan, and automatic passage of the otherwise complex nondiscrimination test for 401(k) plans.

For 2021, SIMPLE deferrals are up to $13,500 plus an additional $3,000 catch-up contributions for employees age 50 and older.

Contact us for more information or to discuss any other aspect of your retirement planning.

April 13, 2021

Providing Optimal IT Support for Remote Employees

Providing Optimal IT Support for Remote Employees
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If you were to ask your IT staff about how tech support for remote employees is going, they might say something along the lines of, “Fantastic! Never better!” However, if you asked remote workers the same question, their response could be far less enthusiastic.

This was among the findings of a report by IT solutions provider 1E entitled “2021: Assessing IT’s readiness for the year of flexible working,” which surveyed 150 IT workers and 150 IT managers in large U.S. organizations. The report strikingly found that, while 100% of IT managers said they believed their internal clients were satisfied with tech support, only 44% of remote employees agreed.

Bottom line impact

By now, over a year into the COVID-19 pandemic, remote work has become common practice. Some businesses may begin reopening their offices and facilities as employees get vaccinated and, one hopes, virus metrics fall to manageable levels. However, that doesn’t mean everyone will be heading back to a communal working environment.

Flexible work arrangements, which include the option to telecommute, are expected to remain a valued employment feature. Remote work is also generally less expensive for employers, so many will likely continue offering or mandating it after the pandemic fades.

For business owners, this means that providing optimal IT support to remote employees will remain a mission-critical task. Failing to do so will likely hinder productivity, lower morale, and may lead to reduced employee retention and longer times to hire — all costly detriments to the bottom line.

Commonsense tips

So, how can you ensure your remote employees are well-supported? Here are some commonsense tips:

Ask them about their experiences. In many cases, business owners are simply unaware of the troubles and frustrations of remote workers when it comes to technology. Develop a relatively short, concisely worded survey and gather their input.

Invest in ongoing training for support staff. If you have IT staffers who, for years, provided mostly in-person desktop support to on-site employees, they might not serve remote workers as effectively. Having them take one or more training courses may trigger some “ah ha!” moments that improve their interactions and response times.

Review and, if necessary, upgrade systems and software. Your IT support may be falling short because it’s not fully equipped to deal with so many remote employees — a common problem during the pandemic. Assess whether:

  • Your VPN system and licensing suit your needs,
  • Additional or better cloud solutions could help, and
  • Your remote access software is helping or hampering support.

Ensure employees know how to work safely. Naturally, the remote workers themselves play a role in the stability and security of their devices and network connections. Require employees to undergo basic IT training and demonstrate understanding and compliance with your security and usage policies.

Your technological future

The pandemic has been not only a tragic crisis, but also a marked accelerator of the business trend toward remote work. We can help you evaluate your technology costs, measure productivity and determine whether upgrades are likely to be cost-effective.

April 09, 2021

Who Qualifies For “Head of Household” Tax Filing Status?

Who Qualifies For “Head of Household” Tax Filing Status?
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When you file your tax return, you must check one of the following filing statuses: Single, married filing jointly, married filing separately, head of household or qualifying widow(er). Who qualifies to file a return as a head of household, which is more favorable than single?

To qualify, you must maintain a household, which for more than half the year, is the principal home of a “qualifying child” or other relative of yours whom you can claim as a dependent (unless you only qualify due to the multiple support rules).

A qualifying child?

A child is considered qualifying if he or she:

  • Lives in your home for more than half the year,
  • Is your child, stepchild, adopted child, foster child, sibling stepsibling (or a descendant of any of these),
  • Is under age 19 (or a student under 24), and
  • Doesn’t provide over half of his or her own support for the year.

If a child’s parents are divorced, the child will qualify if he meets these tests for the custodial parent — even if that parent released his or her right to a dependency exemption for the child to the noncustodial parent.

A person isn’t a “qualifying child” if he or she is married and can’t be claimed by you as a dependent because he or she filed jointly or isn’t a U.S. citizen or resident. Special “tie-breaking” rules apply if the individual can be a qualifying child of (and is claimed as such by) more than one taxpayer.

Maintaining a household

You’re considered to “maintain a household” if you live in the home for the tax year and pay over half the cost of running it. In measuring the cost, include house-related expenses incurred for the mutual benefit of household members, including property taxes, mortgage interest, rent, utilities, insurance on the property, repairs and upkeep, and food consumed in the home. Don’t include items such as medical care, clothing, education, life insurance or transportation.

Special rule for parents

Under a special rule, you can qualify as head of household if you maintain a home for a parent of yours even if you don’t live with the parent. To qualify under this rule, you must be able to claim the parent as your dependent.

Marital status

You must be unmarried to claim head of household status. If you’re unmarried because you’re widowed, you can use the married filing jointly rates as a “surviving spouse” for two years after the year of your spouse’s death if your dependent child, stepchild, adopted child, or foster child lives with you and you “maintain” the household. The joint rates are more favorable than the head of household rates.

If you’re married, you must file either as married filing jointly or separately, not as head of household. However, if you’ve lived apart from your spouse for the last six months of the year and your dependent child, stepchild, adopted child, or foster child lives with you and you “maintain” the household, you’re treated as unmarried. If this is the case, you can qualify as head of household.

We can answer questions if you’d like to discuss a particular situation or would like additional information about whether someone qualifies as your dependent.

April 05, 2021

Tax Advantages of Hiring Your Child at Your Small Business

Tax Advantages of Hiring Your Child at Your Small Business
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As a business owner, you should be aware that you can save family income and payroll taxes by putting your child on the payroll.

Here are some considerations.

Shifting business earnings

You can turn some of your high-taxed income into tax-free or low-taxed income by shifting some business earnings to a child as wages for services performed. In order for your business to deduct the wages as a business expense, the work done by the child must be legitimate and the child’s salary must be reasonable.

For example, suppose you’re a sole proprietor in the 37% tax bracket. You hire your 16-year-old son to help with office work full-time in the summer and part-time in the fall. He earns $10,000 during the year (and doesn’t have other earnings). You can save $3,700 (37% of $10,000) in income taxes at no tax cost to your son, who can use his $12,550 standard deduction for 2021 to shelter his earnings.

Family taxes are cut even if your son’s earnings exceed his standard deduction. That’s because the unsheltered earnings will be taxed to him beginning at a 10% rate, instead of being taxed at your higher rate.

Income tax withholding

Your business likely will have to withhold federal income taxes on your child’s wages. Usually, an employee can claim exempt status if he or she had no federal income tax liability for last year and expects to have none this year.

However, exemption from withholding can’t be claimed if: 1) the employee’s income exceeds $1,100 for 2021 (and includes more than $350 of unearned income), and 2) the employee can be claimed as a dependent on someone else’s return.

Keep in mind that your child probably will get a refund for part or all of the withheld tax when filing a return for the year.

Social Security tax savings 

If your business isn’t incorporated, you can also save some Social Security tax by shifting some of your earnings to your child. That’s because services performed by a child under age 18 while employed by a parent isn’t considered employment for FICA tax purposes.

A similar but more liberal exemption applies for FUTA (unemployment) tax, which exempts earnings paid to a child under age 21 employed by a parent. The FICA and FUTA exemptions also apply if a child is employed by a partnership consisting only of his or her parents.

Note: There’s no FICA or FUTA exemption for employing a child if your business is incorporated or is a partnership that includes non-parent partners. However, there’s no extra cost to your business if you’re paying a child for work you’d pay someone else to do.

Retirement benefits

Your business also may be able to provide your child with retirement savings, depending on your plan and how it defines qualifying employees. For example, if you have a SEP plan, a contribution can be made for the child up to 25% of his or her earnings (not to exceed $58,000 for 2021).

Contact us if you have any questions about these rules in your situation. Keep in mind that some of the rules about employing children may change from year to year and may require your income-shifting strategies to change too.