Keep Your Small Business Advantage
While your
know-how is certain to make an important difference in your business'
success, you're no doubt well aware that producing a winning
combination for a smooth-running operation depends on many other
factors as well.
High on the list of considerations for your business should be
creating the ability to meet criteria imposed by Uncle Sam and the
Internal Revenue Service. To help you avoid headaches that can go with
trying to meet tax law requirements, this brochure highlights pitfalls
to be aware of and provides some tips on how to overcome them.
"Material Participation" in Your Business:
"Material
participation" has become a major issue for business people since
Congress passed rules regarding "passive activities" in the late '80s.
To show material participation, you as the owner must demonstrate that
your activity in your business is continuous and substantial. The IRS
has established several "tests" for measuring material participation. An
owner who can't pass any one of the tests will most likely be
considered just a passive investor in a company. Since deductible losses
from passive activities can be limited to the amount of income from
such activities, showing material participation in your business becomes
doubly important.
If you work full-time in your business, you
will have no trouble showing you materially participate. However, if
you're an employee at another job and operate your business on a
part-time basis, you need to make sure you pass one of the material
participation tests. One way you can do this is to show that you spend
500 or more hours during the year running your business.
You can
establish material participation in other ways too-e.g., based on your
past years' involvement or how your work time compares with others
working in the business (including employees).
Your Profit Motive:
The IRS sometimes questions profit motive of a business owner if an
activity consistently shows tax losses. This is common with activities
that lend themselves to personal enjoyment or hobby such as horse/dog
breeding, arts and crafts, etc. You should be prepared to show that you
entered your business with the intent to make a profit and that you are
taking measures to realize that intent. How do you show profit motive?
At least in part by establishing that you have experties in your field
and you are using businesslike practices in carrying on operations.
Your Recordkeeping Routine
The Recordkeeping System:Give
priority to establishing good recordkeeping practices for your
business. Recordkeeping goes much farther than actual check writing,
depositing income, keeping receipts, etc. Also involved are the choices
you must make about accounting methods, dealing with inventory (if any)
and other assets, complying with regulatory and tax requirements, and
computerization. You will probably find taking care of all these
details time-consuming and frustrating to say the least; many of the
choices you have to make may require help from a financial or
accounting professional.
When keeping your business records, though, try to follow a few basic "rules":
Don't Co-Mingle Business and Personal Bank Transactions.
From the very outset have a separate bank account for your business
in which you deposit only business gross receipts and from which you
write checks for business expenses.
Keep Backup For Your Bank Deposits And Expenses.
Keep bank statements and supporting documents so you can trace your
bank deposits, including those that aren't income (e.g., loan documents
for loan proceeds deposited, insurance reimbursement, etc.)
If possible, pay all expenses by check. They should be supported with
sales slips, invoices and any other available documents of
explanation. The income and expenses should be recorded in an orderly
manner (either by hand or on computer) so that the backup can be
readily available if and when needed.
Sometimes you can log your expenses in a timely manner so you don't
have to keep receipts. Before you adopt a logging system though, it's
best to check with your tax advisor because the rules for logs are quite
strict.
Be Sure To Keep All Reports Filed With Government Agencies.
This includes personal income tax returns, sales tax returns, payroll
returns, W-2s and 1099s filed for employees and other hired labor,
etc.
Length of Time to Keep Records:
From
a federal tax standpoint (some states may be different), you should
retain books and records of your business for three years after the due
date of your income tax return. There are some sections of the tax law
where the statute of limitations is longer than three years, however.
Because of these, it's wise to keep records at least six years. When it
comes to the records that support cost basis of property, equipment or
any item that you are depreciating, keep records for at least three
years beyond the life shown on the depreciation schedule in your tax
return.
Capital Expenses vs. Other Costs:
Costs
of assets that will be used in your business for more than a year and
the costs of improvements that add to the value of assets are "capital"
expenditures. For tax purposes, these expenses are usually deducted
over a number of years. Operating expenses, i.e., advertising, office
supplies, etc., are currently deductible, as are the costs of getting
started in your business (within limits). Try to keep records for
capital expenses separate from those for the general operating expenses.
Expensing Normally Depreciable Costs:
Under
some circumstances, the costs of depreciable business assets can be
deducted all in one year on your tax return (up to a yearly maximum).
While this can be a real advantage, taxwise, it also has a negative
side - if you dispose of the assets before the end of their normal
depreciable life, you may have to "recapture" (i.e., report additional
income for) some of the costs you expensed. Be sure to check with your
tax advisor before you dispose of assets you previously expensed.
Automobile Expenses:
Many
business people are uncertain about what car expenses they can deduct.
Those expenses you have for traveling between business locations are
deductible. However, COMMUTING expenses, i.e., the car costs of going
between your home and your office each day, aren't deductible. But when
you travel to TEMPORARY locations away from your regular business
location, you can deduct the costs of those trips regardless of the
distance. Be sure to keep good records of your business driving by
logging for each trip: where you went, your business purpose for going
there, who you met with, and the number of business miles you traveled.
You will only be able to deduct expenses for the business portion of
your car expense. However, you can choose one of two ways to do this:
(1) You can deduct your expenses using actual cost of gas, oil,
insurance, repairs, depreciation, etc., or (2) You can multiply your
business miles by a standard mileage rate to figure your expense (this
rate varies from year-to-year).
"Ordinary and Necessary Expenses":
The
tax law only allows you to deduct expenses that are "ordinary" and
"necessary" for your business. Taxpayers and IRS auditors often dispute
over the meaning of these two terms. The IRS' definitions are somewhat
general:
An "ordinary" expense is one which is common and accepted in your
type of business. On the other hand, a "necessary" expense is one that
is helpful and appropriate in your business; it does not have to be
indispensable.
A Pension Plan:
Maintaining a
pension plan offers you an excellent way to defer income from your
business and plan for your retirement. One good option is a Keogh plan.
Different plans have different rules about contributions, reporting,
coverage, etc. Be sure to consult with your plan administrator so that
you meet the specific requirements and limitations.
Estimated Tax Payments:
If your
business is unincorporated, the income you earn from it is reported on
your individual tax return and is subject to income and self-employment
tax. Since no withholding is usually taken from self-employed income,
you may need to pay estimated taxes to avoid getting hit with a
penalty. Your tax advisor should be able to help you compute the amount
you need to pay to ensure that no penalty is assessed. The usual due
dates for estimates are April 15, June 15, September 15, and January
15. However, if a due date falls on a Saturday, Sunday or holiday, the
due date will be the next business day.