Brannen & Powell
Since 1973
TIM@BRANNEN-POWELL.COM
 

 

 

 

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CURRENT TAX NEWS

 SHOWN BELOW:

 

1. Re: Summary of Small Business Health Care Tax Credit under the Patient Protection and Affordable Care Act.

 

2. July Tax Update Newsletter.

 

 

 

 

Re: Summary of Small Business Health Care Tax Credit under the Patient Protection and Affordable Care Act
 
Many of you recently received a postcard from the IRS about the new tax credit for providing health insurance to your employees (as outlined in the recent health care reform legislation). You may have wondered how this will affect you and your business.
 
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (P.L. 111-148), and 7 days later, he signed numerous amendments to the legislation. This letter provides a description of the small business tax credit and illustrations of the phaseout for qualifying employers' contributions toward their workers' health insurance premiums. This credit is available for businesses with fewer than 25 full-time equivalent employees (FTEs) with average annual wages of less than $50,000. Small employers will be eligible for a tax credit, provided they contribute at least 50% toward their employees' health insurance.
 
Starting this year and through 2013, the credit will cover up to 35% of a qualified for-profit employer's contributions to health insurance.  
 
Example: If WindPower, Inc. paid 60% of employees' health premiums, the maximum small business tax credit through 2013 is 35% of WindPower's contribution. Assuming the average total premium for WindPower is $7,500 per employee, and WindPower's contribution is $4,500 (60%) per FTE, the maximum tax credit is $1,575 per FTE (35% of $4,500). 
 
Beginning in 2014, the maximum credit is 50% of the employer's contribution toward premiums. The small business tax credit that is available beginning in 2014 only is available to an employer for 2 consecutive tax years, beginning with the first year that the employer offers coverage through an exchange. Thus, the small business tax credit is potentially available for a total of 6 years - the initial credit availability from 2010 through 2013, plus the 2-year credit period beginning as early as 2014.
 
Small employers can claim the full credit amount if they meet the following two criteria:
1.    The employer has 10 or fewer FTEs. FTEs are calculated by dividing the total hours worked by all "employees" (see description below) during the tax year by 2,080 (with a maximum of 2,080 hours for any one employee).
 
2.    The employer's average taxable wages are $25,000 or less. This is calculated by dividing the aggregate amount of wages paid to the "employees" during the year by the number of FTEs (and then rounding to the nearest $1,000).
 
For calculating the number of FTEs and their wages, the term "employees" excludes seasonal workers (working no more than 120 days during the year). In addition, the term "employees" excludes the following: a self-employed individual, a 2% shareholder in an S corporation, a 5% owner of an eligible small business, or someone who is related to or a dependent of these people. Thus, for example, the business will not receive a credit for small business owners or their family members.
 
Small employer's will find the full credit phased out as the number of FTEs increases from 10 to 25 and as average employee compensation increases from $25,000 to $50,000. Below is a table to help determine, as a percentage, the amount of the maximum tax credit employers will receive on their contribution toward an employee's health insurance from 2010 through 2013.
 
Small Business Tax Credit as a Percent of
 Employer Contribution to Premiums for 2010-2013
Firm Size
Average Wage
Up to $25,000
$30,000
$35,000
$40,000
$45,000
$50,000
Up to 10   
35%
28%
21%
14%
7%
0%
11
33%
26%
19%
12%
5%
0%
12
30%
23%
16%
9%
2%
0%
13
28%
21%
14%
7%
0%
0%
14
26%
19%
12%
5%
0%
0%
15
23%
16%
9%
2%
0%
0%
16
21%
14%
7%
0%
0%
0%
17
19%
12%
5%
0%
0%
0%
18
16%
9%
2%
0%
0%
0%
19
14%
7%
0%
0%
0%
0%
20
12%
5%
0%
0%
0%
0%
21
9%
2%
0%
0%
0%
0%
22
7%
0%
0%
0%
0%
0%
23
5%
0%
0%
0%
0%
0%
24
2%
0%
0%
0%
0%
0%
25
0%
0%
0%
0%
0%
0%
Example: If WindPower, Inc. paid 60% of their 11 FTEs health premiums and the average wage was $30,000, the maximum small business tax credit through 2013 is $1,170 (26% of WindPower's $4,500 contribution). 
 
For 2010-2013, the "employer contribution" for the year will be calculated as the lesser of (1) the employer's actual premium contribution, or (2) the contribution the employer would have made if each of those same employees had enrolled in a plan with a premium equal to the average premium (determined by the Secretary of Health and Human Services [HHS]) for the small group market in the state, or area in the state, in which the employer offers health insurance. Any premium paid pursuant to a salary reduction arrangement under a §125 cafeteria plan is not treated as paid by the employer.
 
For qualifying employers, the small business health insurance tax credit is a general business credit. This type of credit is not refundable but is limited by the employer's actual tax liability. In other words, if a company had a year in which it ended up paying no taxes (i.e., it had no taxable income after accounting for all its other deductions and credits), then the small business tax credit could not be used for that year as there would be no income tax for this credit to reduce. However, as a general business credit, an unused credit amount can generally be carried back for 1 year and carried forward up to 20 years.
 
I hope this information on the new small business health insurance credit is helpful. Please call me if you have questions about this credit or about other provisions of the health reform bill.
  
                                                                        
 

 

 
MONTHLY NEWSLETTER - JUly 2010

 

Tax filing reminder
 
 
* August 2 – Deadline for filing 2009 retirement or employee benefit returns (5500 series) for plans on a calendar year. (Normal deadline is July 31, but since that day is a Saturday, the deadline moves to the next business day, August 2.)
 
  
New rules could let you convert to a Roth IRA
 
 
For the first time ever, high-income taxpayers are eligible to convert a traditional IRA to a Roth IRA. Prior to 2010, you could not convert to a Roth in a year in which your modified adjusted gross income exceeded $100,000. But this limit was removed by a 2006 tax law change that took effect January 1, 2010. So the question of the year is, should you do a conversion?
 
First, you must understand the critical differences between the two IRAs. With a traditional IRA, contributions may be partially or wholly tax-deductible, but distributions are generally taxable at ordinary income rates. In contrast, contributions to a Roth IRA are never tax-deductible, but qualified distributions from a Roth in existence at least five years are completely exempt from tax. Qualified distributions are those made after age 59½, due to death or disability, or used for first-time homebuyer expenses (lifetime limit of $10,000). Also, unlike a traditional IRA, mandatory distributions after age 70½ aren’t required for a Roth.
 
Thus, by converting to a Roth, you pay an up-front tax on the current value of IRA assets in exchange for future tax-free withdrawals. For a conversion occurring in 2010, you can choose to split the taxable income evenly over the following two years, 2011 and 2012.
 
In analyzing whether you should convert or not, consider the following points:
 
* If you have to pay all or part of the conversion tax with funds in your traditional IRA, the benefit of the conversion is diluted. The account can grow even larger if you have other resources to pay the required tax.
 
* Both current and future income tax rates can affect your decision. For instance, if you’re now in a high tax bracket but expect to be in a much lower bracket in retirement, you may be less inclined to convert from a traditional IRA. Conversely, the prospect of rising tax rates generally favor a Roth conversion. Also consider state income tax implications.
 
* Spreading out the tax liability for a 2010 conversion over the next two years may not be the right choice in your situation.
 
* Converting to a Roth could trigger alternative minimum tax (AMT) liability.
 
* Be aware that you don’t have to convert the entire balance in an IRA or all your IRAs. Partial conversions are permitted. Finally, you have the ability to “recharacterize” a Roth back into a traditional IRA if it suits your needs.
 
Call us if you would like to discuss the suitability of a Roth conversion in your personal situation.
 
  
Are all your business eggs in one basket?
 
 
Many small business owners share one problem, especially in their early days. It’s being over-reliant on a single customer or supplier for much of their business. If you’re in that position, your business is operating with higher risk. Just as with investments, you don’t want all your eggs in one basket. Your goal should be a well-diversified portfolio of customers and suppliers.
 
That’s in an ideal world. In the real world you may have to live with the situation, at least short-term. But there are steps you can take to understand your risk and, over time, to change it.
 
* Measure the problem. Work with your managers and accountant to quantify how your sales break out by customer. You only need to do this for the top five or ten customers to see whether you have an over-reliance problem. If you’re a manufacturer or retailer, take a similar look at your principal suppliers. Quantify how dependent you are on the top few.
 
* Understand the risks. List the factors that could jeopardize your business with your chief customer or supplier. These will vary with your specific circumstances. They might include a natural disaster that interrupts your customer’s business or that prevents you from shipping or receiving goods. It could be a change in the marketplace or a new technology that cuts demand for your product. It could be actions by your competitors. It might even be problems in your own operation, such as a drop in quality, delays in shipping, or poor inventory control. The list may be daunting, but until you understand the risks, you can’t develop solutions.
 
* Look for ways to minimize your risks. Brainstorm with your managers on long-term steps to reduce each risk. It might be to enter new markets or to tweak your product design. Think through contingency plans to address possible disasters or find alternative suppliers. Discuss how you would respond to changes in the marketplace. Try to set measurable goals for change and clearly assign responsibility.
 
For assistance with this issue or with any of your business concerns, give us a call.
 
  
Summer’s here! Put tax saving on your agenda
 
 
Summer is the time for fun – vacations, backyard barbecues, and tax savings. Yes, tax savings. Put tax planning on your summer agenda, and you’ll end up with more of your hard-earned dollars in your own pocket come 2010 tax filing time.
 
The tax law offers many opportunities for reducing your taxes – if you know about these options and put them in place early enough in the year to benefit from them. Are you managing your income to save credits and deductions to which you’re entitled? If you’re facing college expenses for someone in your family, are you doing the necessary planning to maximize available tax breaks? Have you analyzed your investments (including those in your retirement plan) to benefit from tax savings? If you’re in business, tax planning at midyear is even more vital.
 
Every year brings new tax rules. To put new opportunities to work for you, give us a call to schedule your summer tax-cutting review.
 
 
 
 
This newsletter provides business, financial, and tax information to clients and friends of our firm. This general information should not be acted upon without first determining its application to your specific situation. For further details on any article, please contact us.
 

 
I am required by IRS Circular 230 to inform you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related matters addressed herein.

 

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