Traveling for Business in 2024? What’s Deductible?

If you and your employees will be traveling for business this year, there are many factors to keep in mind. Under the tax law, certain requirements for out-of-town business travel within the United States must be met before you can claim a deduction. The rules apply if the business conducted reasonably requires an overnight stay.

Note: Under the Tax Cuts and Jobs Act, employees can’t deduct their unreimbursed travel expenses through 2025 on their own tax returns. That’s because unreimbursed employee business expenses are “miscellaneous itemized deductions” that aren’t deductible through 2025. Self-employed individuals can continue to deduct business expenses, including away-from-home travel expenses.

Rules That Come Into Play

The actual costs of travel (for example, plane fare and cabs to the airport) are generally deductible for out-of-town business trips. You’re also allowed to deduct the cost of lodging. And a percentage of your meals is deductible even if the meals aren’t connected to a business conversation or other business function. For 2024, the law allows a 50% deduction for business meals.No deduction is allowed for meal or lodging expenses that are “lavish or extravagant,” a term that generally means “unreasonable.” Also, personal entertainment costs on trips aren’t deductible, but business-related costs such as those for dry cleaning, phone calls and computer rentals can be written off.

Mixing Business With Pleasure

Some allocations may be required if the trip is a combined business/pleasure trip; for example, if you fly to a location for four days of business meetings and stay on for an additional three days of vacation. Only the costs of meals, lodging and so on incurred during the business days are deductible, not those incurred for the personal vacation days.

On the other hand, with respect to the cost of the travel itself (for example, plane fare), if the trip is primarily for business purposes, the travel cost can be deducted in its entirety and no allocation is required. Conversely, if the trip is primarily personal, none of the travel costs are deductible. An important factor in determining if the trip is primarily business or personal is the amount of time spent on each (though this isn’t the sole factor).

Suppose a trip isn’t for the actual conduct of business but is for the purpose of attending a convention or seminar. The IRS may check the nature of the meetings carefully to make sure they aren’t vacations in disguise, so retain all material helpful in establishing the business or professional nature of this travel.

Also, personal expenses you incur at home related to the trip aren’t deductible. This might include costs such as boarding a pet while you’re away.

Is Your Spouse Joining You?

The rules for deducting the costs of a spouse who accompanies you on a business trip are very restrictive. No deduction is allowed unless the spouse is an employee of yours or of your company. If that isn’t the case, then even if there’s a bona fide business purpose for having your spouse make the trip, you probably won’t be able to fully deduct his or her travel costs (though you can deduct some costs).

Specifically, the restrictions apply only to additional costs incurred by having your non-employee spouse travel with you. For example, the expense of a hotel room or for traveling by car would likely be fully deductible since the cost to rent the room or to travel alone or with another person would be the same, even in a rented car.

Before You Hit the Road

Contact the office with any questions you may have about travel deductions to help you stay in the right lane.

408-252-1800

Photo Credit to https://homethods.com/.

Nick Satterfield Promoted to Senior Manager

It is our pleasure to announce a well-deserved Wheeler promotion for Nick Satterfield to Senior Manager effective 1/1/2024. 

When we think of Nick, it’s hard not to think “home grown”. After graduating from Santa Clara University, Nick started his career at Wheeler as an Intern. Over the course of almost 10 years with us he has been committed to his growth technically, as well as learning the public accounting industry nuances such as navigating tax season, working with clients, and mentoring staff.

The management group here at Wheeler is excited to see what the future holds for him. Congratulations, Nick!

Beneficial Ownership Information Reporting

Beneficial Ownership Information Reporting - hands typing on a keyboard.

In 2021, The Financial Crimes Enforcement Network (FinCEN) established a beneficial ownership information requirement (BOI). Most U.S entities will now be required to report information relating to individuals who directly or indirectly own a company.

This post is to bring to your attention a new requirement that begins in 2024 and which may affect you and your business. We’ll discuss which entities are require to file, the filing requirements and due dates, and penalties if filing is not completed. This filing is NOT a part of your annual tax return and so it is important that you take steps to comply with these new rules. The following is important information to assist you with compliance.

WHEN DO YOU NEED TO FILE?

Filing due dates for the beneficial ownership report depend on when the company was founded:

  • For entities founded before 1/1/24, the filing is due by 1/1/25.
  • For entities founded between 1/1/24 and 12/31/24, the filing is due 90 days after the company filed formation documents.
  • For entities founded after 1/1/25, the filing is due 30 days after the company filed formation documents.

The company applicant report has the same filing due dates as the beneficial ownership report, except for entities founded before 1/1/24. For entities founded before 1/1/24 there is no filing requirement for the company applicant.

If there are any updates to owners or individuals who exercise substantial control the company needs to file updated reports within 30 days of the change.

WHICH ENTITIES MUST FILE?

Both Domestic and Foreign entities have filing obligations. Domestic reporting companies include corporations, LLCs, and any other entity created by filing a document with the Secretary of State or any similar office. Foreign reporting companies are entities formed under law of a foreign country but have registered to do business in the US. There are certain entities that are exempt from filing requirements:

  • Tax Exempt entities
  • Inactive entities
  • Other types of exempt entities:
    • Securities reporting issuer, governmental authority, bank, credit union, depository institution holding company, money services business, broker or dealer in securities, securities exchange or clearing agency, other Exchange Act registered entity, investment company or investment adviser, venture capital fund adviser, insurance company, state-licensed insurance producer, Commodity Exchange Act,  accounting firm, public utility, financial market utility, pooled investment vehicle, large operating company

What are the filing requirements?

There are two filing obligations: company applicant and beneficial ownership. Both filing obligations are submitted online to FinCEN. 

A company applicant report identifies the individual who filed the formation documents to create or register the entity. The company can have multiple applicants if there is more than one person involved in the creation or registration of the company. The company applicant can also be someone who is not an owner of the company, like a lawyer or a CPA, if they are the individual who registered the company.

A beneficial ownership report is filed for any individual who exercises substantial control over a company or owns at least 25% of the reporting company’s ownership interest. Substantial ownership includes anyone who is a senior officer, an individual who has authority to appoint or remove officers and any individual who is an important decision maker.

If you are unsure of the beneficial ownership of an entity you are associated with, we advise you to discuss this with council to assure that you are properly meeting the filing requirements.

What information is needed for the report?

Company information needed: 

  • Legal Name
  • Any trade names or DBA’s
  • Current street address of it’s principal place of business in the U.S.
  • Jurisdiction of formation or registration
  • Taxpayer identification number

Individual owner or Individual Company application information needed: 

  • Individual name
  • Date of Birth
  • Address
  • Identifying number from an acceptable identification document (Drivers license or passport) and the jurisdiction in which the identifying document was issued

What if I choose not to file?

The penalties are $500 per day with a maximum of $10,000 in penalties. Failure to file could also result in up to two years in prison.

The new reporting requirement will start in 2024.  Please feel free to contact Wheeler Accountants, LLP if you need assistance with navigating how to determine if you are required to complete this filing or have other questions.

408-252-1800

Photo Credit to https://homethods.com/

Announcing Jennifer Hauck as Firm Administrator

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A message from Jennifer Hauck:

Switching gears, changing hats, venturing down a new path—all appropriate terms to describe my time with Wheeler. Coming up on my 30th tax season, Wheeler and I decided it was time to change things up a bit. And why not?! It’s always great to learn and grow in life and in career.

In light of this, I have officially switched roles inside the firm from tax advisor to Firm Administrator. You may wonder, why?!

In short ~ I really enjoy working with people. It’s truly been the best part of every role I have filled. Working with my tax clients was always the highlight of every season. Now, my focus has shifted to supporting our internal team, and I’m super excited about the opportunity.

Considering this change, we have gone through the process of reassigning your account to a different practitioner starting this year. We did not take this change and reassignment lightly. We believe we have placed you with the person best suited for your tax needs. The process of filing your taxes with Wheeler won’t change. As in past years, you will be receiving your tax organizer shortly, if you have not already.

Please note that I’m still here at the firm, and I will assist however I can to make your transition as smooth as possible. It has been my pleasure to serve you over the years, and I know you will enjoy working with your new preparer. Should you have any questions or concerns, please feel free to contact me or our front office.

2024 Vehicle Mileage Rates

Cars and Trucks driving along a winding highway.

The IRS has issued the 2024 optional cents-per-mile rates used to calculate the tax-deductible costs of operating a vehicle:

Effective Jan. 1, 2024, the standard mileage rate for the business use of a car (including vans, pickups, and panel trucks) is 67 cents per mile. (This is up from 65.5 cents per mile for 2023.)

The 2024 rate for medical or eligible moving purposes is 21 cents per mile. (For 2023, the rate was 22 cents per mile.)

For charitable driving, the 2024 rate is 14 cents per mile (unchanged from 2023).

Note that these rates apply to electric and hybrid-electric automobiles as well as gasoline and diesel-powered vehicles. Contact the office for more information.

408-252-1800

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Did You Get Married in 2023?

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Your filing status options for your 2023 income tax return depend on your marital status on Dec. 31. The married-filing-jointly status is typically the most beneficial way for married taxpayers to file, but it’s a good idea to take a “what-if” look at the married filing separately status.

For example, if one spouse has high medical expenses and a relatively lower adjusted gross income (AGI), filing separately may allow that spouse to exceed the 7.5% of AGI floor for the medical expense deduction and deduct some medical expenses that wouldn’t be deductible if the couple filed jointly.

What about your income tax rate?

Fortunately, through 2025 the Tax Cuts and Jobs Act eliminated the tax-bracket marriage penalty for all but the top bracket. But middle-bracket newlyweds may be at greater risk of becoming subject to the 0.9% additional Medicare tax and the 3.8% net investment income tax than they were as singles. Why? The thresholds for these taxes for married taxpayers aren’t that much higher than for singles ($250,000 vs. $200,000, respectively).

For instance, two singles who each have an income of $150,000 wouldn’t be subject to these taxes. But if they marry, their combined $300,000 income would likely cause them to become subject to one or both taxes (depending on the mix of earned vs. investment income). Filing separately wouldn’t help because the threshold is $125,000 for separate filers.

Did your name change?

The name on a person’s tax return must match what is on file at the Social Security Administration. If it doesn’t, it could delay any tax refund. So be sure to report your name change to the Social Security Administration before you file your return.

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One Reason to File Your 2023 Tax Return Early

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The 2023 individual income tax return filing season will open soon. Even if you typically don’t file until much closer to the April 15 deadline (or you file for an extension), consider filing earlier this year. Why? You may be able to protect yourself from tax identity theft.

In a tax identity theft scheme, a thief uses your personal information to file a fraudulent tax return early in the filing season and claim a bogus refund. Then when you file your return, you’ll hear from the IRS that the return is being rejected because someone has already filed a return with the same Social Security number.

While you should ultimately be able to prove that your return is the legitimate one, tax identity theft can be difficult to straighten out and can significantly delay a refund. Filing early may be your best defense: If you file first, it will be the tax return filed by a potential thief that will be rejected, not yours.

If you have questions or would like an appointment to prepare your return and ensure you take advantage of all of the breaks available to you, please contact the office.

408-252-1800

Photo by Geoffrey Whiteway from Freerange Stock.

Appraisals Aren’t Just for Businesses

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Whether you’re in the process of making a retirement or estate plan or you intend to donate property to charity, you’ll need to know the value of your assets. For many hard-to-value items, such as closely held business interests, real estate, art and collectibles, an appraisal may be necessary.

Retirement and Estate Planning

To enjoy a comfortable retirement, you’ll need to calculate the income that can support your lifestyle when you’re no longer working. This means understanding the value of the assets you own. Once you have this information, you may decide to move your retirement date up or back.

Knowing the value of your assets is also necessary to assess whether you’ll potentially be subject to gift and estate taxes. It also allows you to identify strategies for minimizing or eliminating those taxes. In addition, without appraisals of hard-to-value assets, it’s nearly impossible to divide your overall property equally among your children (if that’s your wish).

Appraisals may also be necessary to avoid running afoul of tax basis consistency rules. The rules are intended to prevent heirs from arguing that estate property was undervalued, which would raise their basis for income tax purposes. According to these rules, the income tax basis of inherited property equals the property’s fair market value as finally determined for estate tax purposes. Appraisals can help ensure that your heirs receive the basis they deserve.

Gifts and Charitable Giving

The IRS has an unlimited amount of time to challenge the value of gifts for gift and estate tax purposes, unless they’re “adequately disclosed,” which generally binds the IRS to a three-year statute of limitations. A qualified professional appraisal with a timely filed gift tax return is the best way to disclose the value of a gift of a hard-to-value asset.

Charitable gifts of property valued at more than $5,000 (other than publicly traded securities) must be substantiated with a qualified appraisal by a qualified appraiser. This means that the appraiser meets certain education and experience requirements.

Know What You Have

Without appraisals of your hard-to-value assets, it’s difficult to develop a realistic financial plan, to create an estate plan that will achieve your desired results and to avoid unwelcome tax liabilities. Asset values can fluctuate dramatically over time, so make sure you get updated appraisals periodically.

408-252-1800

Photo by Jaime Burciaga from Freerange Stock.

Sec. 179 Expensing and Bonus Depreciation: Beware of Pitfalls

Office full of chairs and desks, with two people.

If eligible, you can elect to use Section 179 expensing or bonus depreciation to deduct a large portion of the cost (and in some cases the full cost) of eligible property in the year it’s placed in service. Alternatively, you may follow regular depreciation rules and spread deductions over several years or decades, depending on how the asset is classified under the tax code.

While taking current deductions can significantly lower your company’s taxable income, it isn’t always the smartest move.

Sec. 179 and Bonus Depreciation 101

Section 179 expensing may allow you to currently deduct the full cost of purchasing eligible new or used assets, such as equipment, furniture, off-the-shelf computer software, and qualified improvement property (QIP). An annual expensing limit applies ($1.16 million for 2023 and $1.22 million for 2024), which begins to phase out dollar for dollar when asset acquisitions for the year exceed the applicable threshold ($2.89 million for 2023 and $3.05 million for 2024). You can claim the election only to offset net income, not to reduce it below zero to create a net operating loss.

First-year bonus depreciation is available for qualified assets, which include new tangible property with a recovery period of 20 years or less (such as office furniture and equipment), off-the-shelf computer software and water utility property. Under the TCJA, through 2026, the definition has been expanded to include used property and qualified film, television and live theatrical productions. In addition, QIP is now eligible for bonus depreciation. For 2023, bonus depreciation was 80%. It drops to 60% for 2024, to 40% for 2025 and to 20% for 2026. After that, it will be eliminated, unless Congress acts to extend it.

When to Consider Forgoing These Breaks

Here are two examples when it may be preferable to forgo Sec. 179 expensing and bonus depreciation.

You’re planning to sell QIP. If you claim Sec. 179 expense or bonus depreciation on QIP and sell the building soon, this current write-off may be a tax trap. That’s because your gain on the sale up to the amount of Sec. 179 or bonus depreciation deductions you’ve claimed will be treated as “recaptured” depreciation that’s taxable at ordinary-income tax rates, up to 37%. But if you deduct the cost of QIP under regular depreciation rules (generally, over 15 years) and sell the building, any long-term gain attributable to the deductions will be taxable at a top rate of 25%.

You’re eligible for the qualified business income (QBI) deduction. This deduction allows eligible business owners to deduct up to 20% of their QBI from certain pass-through entities, such as partnerships, limited liability companies and sole proprietorships. The deduction can’t exceed 20% of an owner’s taxable income, excluding net capital gains. (Other restrictions apply.)

Claiming Sec. 179 or bonus depreciation deductions reduces your taxable income, which may deprive you of an opportunity to maximize the QBI deduction. Because the QBI deduction is scheduled to expire after 2025, taking full advantage of it while you can will generally make sense.

Timing Is Everything

Keep in mind that only the timing of deductions is affected by the strategy you choose. You’ll still have an opportunity to write off the full cost of eligible assets if you forgo Sec. 179 expensing and bonus depreciation; it will just be over a longer time period. Contact the office for help analyzing your company’s overall tax benefit picture and determining the optimal strategy.

408-252-1800

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The Advantages of LLC Structure for a Small Business

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If you operate your small business as a sole proprietorship, you may have thought about forming a limited liability company (LLC) to protect your assets. Or maybe you’re launching a new business and want to know the options for setting it up. Here are the basics of operating as an LLC and why it might be a good choice for your business.

An LLC is a bit of a hybrid entity because it can be structured to resemble a corporation for owner liability purposes and a partnership for federal tax purposes. This duality may provide owners with the best of both worlds.

Protect Your Personal Assets

Like the shareholders of a corporation, the owners of an LLC (called “members” rather than “shareholders” or “partners”) generally aren’t liable for the debts of the business except to the extent of their investment. Thus, the owners can operate the business with the security of knowing that their personal assets are generally protected from the entity’s creditors.

This protection is much greater than that afforded by partnerships. In a partnership, the general partners are personally liable for the debts of the business. Even limited partners, if they actively participate in managing their businesses, can have personal liability.

Enjoy Partnership Tax Benefits

The owners of an LLC can elect under the “check-the-box” rules to have the entity treated as a partnership for federal tax purposes. This can provide a number of benefits to owners. For example, partnership earnings aren’t subject to an entity-level tax. Instead, they flow through to the owners, are reported on the owners’ individual returns and are taxed only once.

To the extent the income passed through to you is qualified business income (QBI), you’ll be eligible to take the Section 199A QBI deduction, subject to various limitations. However, keep in mind that this deduction is temporary. It’s available only through 2025, unless Congress acts to extend it.

In addition, because you’re actively managing the business, you can deduct on your individual tax return your ratable shares of any losses the business generates. This, in effect, allows you to shelter other income that you (and your spouse, if you’re married) may have. (Limits on the business loss deduction do apply.)

An LLC that’s taxable as a partnership also can provide special allocations of tax benefits to specific partners. This can be a notable reason for using an LLC over an S corporation (a business structure that provides pass-through tax treatment similar to a partnership). Another reason for using an LLC rather than an S corporation is that LLCs aren’t subject to the restrictions the federal tax code imposes on S corporations regarding the number of owners and the types of ownership interests that may be issued.

Consider All Angles

An LLC can give you corporate-like protection from creditors while providing the benefits of taxation as a partnership. For these reasons, you may want to consider operating your business as an LLC. Contact the office to discuss in more detail how an LLC might be an appropriate choice for you and any other owners.

408-252-1800

Credit to https://www.lyncconf.com/.