They’re Back!

A basketful of tax breaks that either expired last year or were scheduled to end before 2020 have been brought back to life, courtesy of Congress. Lawmakers packed end-of-year appropriation bills with these extenders.

MORTGAGE INSURANCE

If you qualify by income, you may be able to deduct mortgage insurance premiums for your principal residence on your tax return.

DEBT TREATMENT

Homeowners who met eligibility requirements were allowed to exclude mortgage debt cancellation from income on their tax returns from 2007-2017, and Congress now allows this type of debt cancellation to remain tax-free from 2018 through 2020.

HEALTH COSTS

Scheduled to rise from 7.5% of adjusted gross income to 10% in 2020, Congress moved to keep the itemized medical expense deduction threshold at the lower percentage for costs that were not reimbursed. Most medical costs that are not cosmetic, including prescription drugs, dental work and vision, qualify for the deduction.

DISASTER RELIEF

Congress gave some taxpayers who experienced federally declared disasters as far back as 2018 the ability to take penalty-free withdrawals from their retirement plans. Employers who continue paying employees during a disaster will also receive favored tax treatment on the amount of wages paid during this period.

COLLEGE DEDUCTION

Remember when Congress ditched the tax deduction for qualified college expenses? Never mind, it’s back at least through tax year 2020, with the repeal retroactive to 2018. To qualify, your adjusted gross income needs to fall under certain thresholds.

FOR THE ENVIRONMENT

Energy-efficient taxpayers are winners with a handful of extensions giving them continued favorable tax treatment. Alternative fuel refueling equipment, fuel cell vehicles and electric motorcycles will have their tax credits extended through 2020, retroactive to 2018 for some of them. Also, take a tax credit up to $500 for making energy-saving improvements to a principal residence through 2020, retroactive to 2018.

Mind the RMD Gap

The SECURE Act pushes required minimum distributions (RMDs) from an IRA, SIMPLE IRA, SEP IRA or retirement plan account to age 72, up from age 70 1/2. However, you’re out of luck if you are younger than 72 but were 70 1/2 in 2019. You’ll have to begin taking withdrawals by the former age limit of 70 1/2 limit.

Understanding RMDs

Calculate your RMDs by dividing your life expectancy, as determined by the IRS’s Uniform Lifetime Table, into your account balance as of the end of the immediately preceding calendar year. Different rules may apply if your account’s sole beneficiary is at least 10 years younger than you or if you continue working past age 72.

Plan for Withdrawals

When planning your withdrawal strategy, know that you may withdraw more than your RMD each year, but you can’t take less. You can also begin distributions earlier than required.

Talk to your tax and plan professionals to learn more.

Business Security

In last month’s ClientLine, we highlighted some of the Setting Every Community Up for Retirement Enhancement (SECURE) Act’s new headlines for business owners. This month, we share some of the details for you:

GREATER ACCESS

For the first time, small businesses can join a pooled employer retirement plan with two or more unrelated employers. Part-time employees will have more access, too: those who worked at least 500 hours in three consecutive years are newly eligible for qualified plan participation, but they don’t factor into existing top-heavy requirements.

ENHANCEMENTS

Employers will see other reasons to start a plan. The startup tax credit for newly established plans increased significantly, from the former cap of $500 up to $5,000. Eligible 401(k), SIMPLE IRA and other qualified plans can take another $500 credit for three years for auto-enrolling new employees. The safe harbor for the automatic enrollment escalation cap rises from 10% to 15% of pay, while certain penalties for failing to file plan returns increase.

ANNUITY SAFE HARBOR

Plan sponsors will find more streamlined administrative and compliance requirements, while they also have a new annuity safe harbor, which will protect employers from liability if the annuity provider they choose meets certain standards involving state insurance licenses, audited financial statements and adequate reserves.

Employers should also be aware of a change that benefits individual participants: an increase in the age when required minimum distributions must begin, from 70 1/2 to 72. This change applies only to people who reach age 70 1/2 in 2020 or later. Employees older than age 72 may continue contributing to employer plans.

Talk to your tax professional to learn how these changes might affect your company’s tax situation.

May 2020 ClientLine Newsletter

Business Security – Details on the Setting Every Community Up for Retirement Enhancement (SECURE) Act

Insights & Tips – The SECURE Act pushed required minimum distributions (RMDs) to age 72, up from age 70 1/2.

They’re Back! – Tax breaks that have been brought back to life.

Client Profile – Do compliance and tax filing become a burden when starting a foundation.

Steps to a Successful Company Audit – All public and some closely held companies should undergo periodic company audits to stay on top of their businesses.

How to Correct Tax Filing Mistakes – You’ll have to file another tax return if you made an error.

Questions and Answers

Short Bits

Short Bits

COMP BREAKDOWN

In September 2019 compensation costs for private industry workers averaged $34.77 per hour worked. Wages and salaries averaged $24.38 per hour worked while benefit costs comprised the rest. The cost of benefits was nearly 30% of total compensation, with health insurance comprising 7.5% and paid leave 7.2% of total comp. The average cost for life and disability insurance, though, was less than one-half of 1%.

BONUS TIME

If you are a private industry worker who received a bonus, you’re among the minority. About one of every 10 employees surveyed had access to end-of-year bonuses (generally performance-based) in 2019, while 6% had access to holiday bonuses (typically equal for all staff). Workers in natural resources, construction and maintenance fared better with year-end and holiday bonuses coming in at 15% and 12%, respectively. Service workers fared the worst.

EMPLOYERS SQUEEZED

Some employers are still finding rough going trying to fill job openings. According to the Bureau of Labor statistics, there were 7.3 million job openings on the last business day of October 2019 and about 5.9 million unemployed people during October, a ratio of 0.8 unemployed people to job openings. Since January 2018, that ratio has ranged between 0.8 and 1.0.

UNPAID CARE

Some 40 million Americans age 15 and over provide unpaid eldercare, and 58% of these providers are women. About one in four of the caregivers were between ages 55 to 64, 21% were ages 45 to 54 and nearly 18% were age 65 and older. More than 8 million eldercare providers also had children living at home.

Question and Answer

Question:

My company has problems keeping employees, a problem that has escalated this year. What can I do?

Answer:

Record low unemployment has made this a job seeker’s market, but a history of problems retaining employees might suggest that you take a new look at your company’s practices. Start by comparing your salaries, benefits and advancement opportunities to what your competitors offer. Poll your employees anonymously to ask how they view their work environment and work-life balance. Look at your benefits to find gaps you may be able to fill. Throughout the process and after, communicate frequently and effectively.

Question:

I hired a person to do my housekeeping. Do I have to pay or deduct employment and other taxes for this person?

Answer:

This will depend on a number of factors. According to the IRS, housekeepers and other household workers like babysitters and gardeners are your employees if you control their work and how they do it. If you have a household worker you expect to pay more than $2,200 in 2020, you’ll typically have to pay 7.65% of cash wages for Medicare and Social Security taxes, and withhold the same amount (plus income taxes if they ask you to) from the employee’s pay. Talk to your tax professional to learn more.

Client Profile

Rosa has a large estate that greatly benefitted from the federal tax changes at the end of 2017, but she worries about the tax breaks expiring and estate and gift tax exemptions reverting to 2017 levels. What should she do?

First, Rosa can worry less about the tax expiring because the IRS recently announced that taking advantage of the increased gift and estate tax basic exclusion amounts in effect since 2018 won’t result in a clawback if the exclusion amount drops back to pre-2018 levels in 2026, as scheduled.

A special rule will allow estates to compute their estate tax credit using the higher of the basic exclusion amount applicable to gifts made during life or the exclusion applicable on the date of death. This should calm Rosa’s worries.

Even with this increased certainty, Rosa might still take advantage of the annual gift tax exclusion, which in 2020 is $15,000 per donor per recipient to as many people as she would like until reaching the lifetime limit. And she should also consult a person experienced with estate planning issues.

Client Profile is based on a hypothetical situation. The solutions we discuss may or may not be appropriate for you.

SECURE for Business

The SECURE Act also creates big changes for companies offering qualified retirement plans. Here are a few of them:

Easier Access

More small businesses are eligible to start a qualified retirement plan for employees, as the new law allows two or more unrelated employers to join a pooled employer plan. More parttime workers are eligible to make elective deferrals, depending on their length of tenure, and plan sponsors have a new safe harbor when offering annuities.

New Credits

Employers will also see higher tax credits for plan startup costs and up to a $500 credit for startup plans that include automatic enrollment in 401(k) plans and SIMPLE IRAs. The safe harbor for the automatic enrollment escalation cap rises from 10% to 15% of pay, while certain penalties for failing to file plan returns increase.

Talk to your tax and plan professionals to learn more.

A Different Type of Enterprise

If you’re looking to expand your business, moving to a Qualified Enterprise Zone may provide an opportunity to grow in a tax-smart way.

A PRIMER

Enterprise zones have been around for decades. And while federal tax breaks for enterprise zones expired, companies that meet certain requirements may gain state and local tax credits in exchange for locating or expanding their businesses in locales that qualify as enterprise zones.

Individual enterprise zone rules vary, but generally a company looking for tax credits will need to actively conduct a significant part of its business and earn a good ratio of its gross income within the zone. A substantial part of a company’s tangible and intangible property and services typically must be located in the zone, and enterprise zone companies typically must hire a healthy percentage of their employees from the distressed areas in which they are located.

In New Jersey, for example, which has one of the country’s longest-running enterprise zone programs, the Department of Community Affairs oversees 32 designated zones. Economic incentives are generous, including up to a $1,500 tax credit per permanent fulltime employee hired. Individual states and locales have different rules, so contact your local agencies to learn more.

A Qualified Opportunity

When you sell appreciated assets, you pay taxes on them in the year you realize capital gains. But when you invest in a Qualified Opportunity Fund (QOF), you defer capital gains taxes and potentially receive tax-free appreciation. If you invest outside of a qualified retirement plan, you might explore how these types of funds could fit into your investment strategy.

A NEW OPPORTUNITY

Qualified Opportunity Zones (QOZs) were created by the Tax Cuts and Jobs Act (TCJA), the last major federal tax overhaul, to benefit economically distressed areas and those who invest in them. QOF investments are either corporations or partnerships that must meet a number of requirements. For example, a QOF must hold at least 90% of its assets in QOZ property, and at least 50% of a zone property’s gross income should come from conducting business in a designated zone.

TAX BENEFITS

If you reinvest capital gains into these funds, you defer gains until selling or exchanging shares (until 2026, when this provision expires with the rest of the TCJA). If you hold the investment for at least five years, you’ll get a 10% step up in basis on reinvested capital gains. A special rule applies if you hold a QOF at least 10 years: the amount gained will be tax-free because the basis will increase to 100% of fair market value once gains are realized. Talk to your tax professional to learn more.