Regardless of
how life changes, one of the biggest hurdles
you’ll face in running your own business is
to stay on top of your numerous obligations to
federal, state, and local tax agencies. A tax
headache is only one mistake away, be it a
missed payment or filing deadline, an
improperly claimed deduction, or incomplete
records.
You can safely
assume that a tax auditor presenting an
assessment of additional taxes, penalties, and
interest will not look kindly on an “I
didn’t know I was required to do that”
claim. The old legal saying that “ignorance
of the law is no excuse” is perhaps most
often applied in tax settings. On the other
hand, it is surprising how many small
businesses actually overpay their taxes. They
often neglect to take deductions they’re
legally entitled to, or just don’t know
about certain breaks that can help them lower
their tax bill.
Adding to the
mayhem, we have tax codes that seem to be in a
constant state of flux. Creating exceptions
for special groups has resulted in a steady
stream of new and revised tax laws, which have
lengthened the Internal Revenue Code to
over 4,500 pages and rendered it barely
understandable to even the most experienced
tax professionals. Often one section can run
up to several hundred pages. A special tax
service used by tax professionals explains the
meaning and application of each part of the
code. It is contained in another 12 volumes!
The harder Congress tries to simplify the
code, the more complex it becomes.
Preparing your
taxes and strategizing how to keep more of
your hard-earned dollars in your pocket
becomes increasingly difficult with each
passing year. Your best course of action to
save time, frustration, MONEY, and (God
forbid) an auditor knocking on your door, is
to have a well qualified professional handle your
taxes. Tax professionals have years of
experience with tax preparation, religiously
attend tax seminars, read scores of journals,
magazines, and monthly tax tips, among other
things, to correctly interpret the changing
tax code and gain the advantage over the IRS.
Nevertheless,
many run of the mill, "fast food
type" practitioners don’t understand the
mammoth tax code and end up being too
conservative with your tax deductions. The
more conservative they are, the more taxes you
end up paying.
Unfortunately,
the cryptic and mystifying nature of the tax
code generates a lot of folklore and
misinformation that also leads to costly
mistakes. Here is a list of some common small
business tax misperceptions:
1. All
Start-Up Costs Are Immediately Deductible
Business
start-up costs are the expenses
you incur before
you actually begin business
operations. Your business start-up
costs will depend on the type of
business you are starting. They
may include costs for advertising,
travel, surveys, and training.
These costs are generally capital
expenses.
You
usually recover costs for a
particular asset (such as
machinery or office equipment)
through depreciation. You can
elect to deduct up to $5,000 of
business start-up costs and $5,000
of organizational costs paid or
incurred after October 22, 2004.
The $5,000 deduction is reduced by
the amount your total start-up or
organizational costs exceed
$50,000. Any remaining cost must
be amortized.
The only catch
is that in order to take advantage of the
immediate deduction you must spread out the
remainder of your start-up costs over 15 years
\(180 months\).
So the
immediate deduction is a good option for
businesses with less than $14,000 of start-up
expenses. If you’re startup expenses are
greater than $14,000, then you’ll do better
by not taking an immediate deduction but
spreading your start-up costs over 5 years
\(60 months\).
2.
Overpaying The IRS Makes You “Audit Proof”
The IRS
doesn’t care if you pay the right amount of
taxes or overpay your taxes. They do
care if you pay less than you owe and you
can’t substantiate your deductions. Even if
you overpay in one area, the IRS will still
hit you with interest and penalties if you
underpay in another. It is never a good idea
to knowingly or unknowingly overpay the IRS.
The best way to “Audit Proof” yourself is
to properly document your expenses and make
sure you are getting good advice from your tax
professional.
3. Being
incorporated enables you to take more
deductions.
Aside from
health insurance, deductions for the
self-employed (sole-proprietors and S Corps)
are pretty much equivalent to corporate
deductions. For many small businesses, being
incorporated is an unnecessary expense and
burden. Start-ups can spend $1,000 in legal
and accounting fees to set up a corporation,
only to determine shortly after that they want
to change their name or company direction.
Plenty of small business owners who
incorporate don’t make money for the first
few years and find themselves saddled with
minimum corporate tax payments and no income.
4. The home
office deduction is a red flag for an audit.
This is no
longer as true as it once was. Because of the
proliferation of home offices, tax officials
cannot possibly audit all tax returns
containing the home office deduction. A high
deduction-to-income ratio tends to lead to an
audit.
5. If you
don’t take the home office deduction,
business expenses are not deductible.
You are still
eligible to take deductions for business
supplies, business-related phone bills, travel
expenses, printing, wages paid to employees or
contract workers, depreciation of equipment
used for your business, and other expenses
related to running a home-based business,
whether or not you take the home office
deduction.
6. Taking an
extension on your taxes is an extension to pay
taxes.
Extensions
enable you to extend your filing date only. If
you do not pay taxes on time, penalties and
interest begin accruing from the due date.
7. Part-time
business owners cannot set up self-employed
pensions.
If you start up
a company while you have a salaried position
complete with a 401K plan, you can still set
up a SEP-IRA for your business and take the
deduction.
Besides
avoiding these pitfalls, possessing basic
knowledge of how the tax system works is also
beneficial. After all, even if you delegate
the tax preparation to someone else, you are
still liable for the accuracy of your tax
returns. If your practitioner messes up, you pay
the penalty, not him (or her).
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