Blog - Jessup & Associates, CPA's

Transparency for the Coronavirus, Federal Settlements, Smart Appliances and Public Education

COVID-19 Origin Act of 2023 (S 619) – This bill would authorize the Office of the Director of National Intelligence (ODNI) to declassify all information relating to the origin of COVID-19 and any correlation with the Wuhan Institute of Virology. The ODNI would be required to redact the report as necessary to protect sources and methods and then submit it to Congress. The bill was introduced on March 1 by Sen. Josh Hawley (R-MO). It passed the Senate on the same day and the House on March 10. It is currently awaiting signature by the president.

Disapproving the action of the District of Columbia Council in approving the Revised Criminal Code Act of 2022 (HJ Res 26) – This resolution nullifies the Revised Criminal Code Act of 2022, which had previously been enacted by the Council of the District of Columbia (DC). The bill modified DC criminal laws by altering sentencing guidelines, reducing maximum penalties, and expanding the right to a jury trial for certain misdemeanor crimes. The resolution was introduced by Rep. Andrew Clyde (R-GA) on Feb. 2. It passed in the House and Senate on March 8 and was enacted by the president on March 20.

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” (HJ Res 30) – This resolution was introduced by Rep. Andy Barr (R-KY) on Feb. 7. In December 2022, the Department of Labor established a rule that the fiduciaries of employer-sponsored retirement and other investment benefit plans might take into account environmental, social and governance (ESG) factors of companies where they choose to invest shareholder funds, as well as voting on shareholder resolutions and board nominations. This joint resolution, which was passed in both the House and the Senate on March 1, would nullify that rule. The bill was vetoed by President Biden on March 20.

Settlement Agreement Information Database Act (HR 300) – Introduced by Rep. Judy Chu (D-CA) on Jan. 20, this bipartisan bill would require agencies to submit information related to any settlement or consent decree associated with a violation of civil or criminal law. This includes settlements with individual employees who appeal adverse personnel actions such as firings and suspensions or federal settlement agreements negotiated behind closed doors as a result of enforcement actions. The Office of Management and Budget would be responsible for reviewing and archiving all agreements, as well as determining when confidentiality is necessary to protect the public interest of the United States. The bill was passed unanimously in the House on Jan. 25. Its fate currently resides in the Senate.

Fighting Post-Traumatic Stress Disorder Act of 2023 (S 645) – This bill would require the Attorney General to devise a program for making treatment for post-traumatic stress disorder and acute stress disorder available to public safety officers. The bill was introduced on March 2 by Sen. Chuck Grassley (R-IO). It passed in the Senate on March 2 and is currently under consideration in the House.

Informing Consumers about Smart Devices Act (HR 538) – The passage of this bill would require manufacturers of internet-connected devices, such as smart appliances, which include a camera or microphone, to disclose this fact to consumers. The bill does not apply to devices that a consumer would reasonably expect to include these features (e.g., mobile phones, laptops). The bill was introduced by Rep. John Curtis (R-UT) on Jan. 26 and passed in the House on Feb. 27. It is currently awaiting review in the Senate.

Sunshine Protection Act of 2023 (S 582) – This bipartisan bill would make daylight savings time permanent. It was introduced on March 1 by Sen. Marco Rubio (R-FL) but has yet to be assigned to a committee for review.

Parents Bill of Rights Act (HR 5) – This legislation was introduced in the House by Rep. Julie Letlow (R-LA) on March 1 with 122 Republican co-sponsors. It would require public schools to allow parents to review certain materials and resources (e.g., the curriculum, library books, teachers’ materials used in the classroom) and be informed/grant consent for certain school activities (e.g., school budgets, use of technology in the classroom, attendance for guest speakers in the classroom, mental health treatment, gifted and talented programs). The House Committee on Education and the Workforce have issued a report on the bill, but it has yet to be presented for a vote by House members.

Sold Your Home Last Year or Plan to in 2023? If So, Here’s What You Need to Know

The U.S. housing market has been extremely volatile over the past year. Year-over-year growth rates were at highs of 20.1 percent in April 2022, then declined to only 8.6 percent in November – the biggest drop in over 20 years. As a result, many homeowners who sold their homes in 2022 or plan to in 2023 may have either gains or losses depending on their location and timing. Below, we tackle the issues you need to know to properly account for the taxation of your home sale.

Only Some Gains Are Taxable

Not all gains on home sales are taxable, with the initial $250,000 or $500,000 exempt in certain circumstances. All you need to do is have lived in the home as a main residence for at least two out of the past five years before the sale.

A key factor is that the above exclusion applies only to the sale of your main home. If you own multiple houses, the one you spend the most time in typically counts as your main home.

Reporting

Just because the gain on a home sale qualifies for exclusion from taxation, it does not mean that you do not need to report the transaction and income. Often, you will receive a Form 1099-S; and in all cases, you need to report the sale on Schedule D and Form 8949 with your Form 1040.

Also, remember that part of your gains could be taxable. Even if a married couple qualifies for a $500,000 exclusion, if they have a $600,000 gain, then the $100,000 over the exclusion is taxable.

Figuring Your Gain

To understand if you have a gain or loss on the sale of a home, you will need to make a calculation. First, start with calculating your basis. This is the price you paid for the house plus any significant improvements. When you sell your home, your gain is the sales price (less taxes, realtor commissions, etc.) and this basis. It pays to keep good records of remodeling and additions.

Capital Gains Tax

Like any capital asset (a stock, for example), if you owned your home for one year or less before you sold it, then you have short-term capital gains, which are treated as ordinary income for tax purposes. If you owned it longer than one year, then your capital gain above the exclusion is long-term.

Losses

In the case where you have losses on the sale of your home and not a gain, then you are in a bit of a bad spot. There is no tax impact since you cannot claim a loss on the sale of a personal residence. This is the other side of the exclusion of gains.

Exceptions to the Rules

As always, with the tax law, there are exceptions. One example is when a home is transferred as part of a divorce settlement. Here there is no reportable gain or loss unless your ex-spouse is a nonresident alien.

Other exceptions that might affect the taxability of your gain include those involving taxpayers who died, empty land, or a home that was destroyed. If you believe you have unusual circumstances related to a 2022 or pending 2023 home sale, then it’s best to consult with your tax professional.

2023 Home Sales

Looking at the remainder of 2023, there are mixed opinions on the single-family housing market. The consensus is that there will be fewer homes on the market for sale; however, how far prices may decline is up for debate.

Some analysts believe home prices will not drop much in 2023, despite increased mortgage rates due to demand being supported by low inventory. Meanwhile, others think prices could decline quite a bit, especially in certain markets such as Florida, Texas, and the Southeast, where they’ve run up the most in recent years.

National home price averages, while statistically cited, are meaningless, with residential real estate being, so location dependent. Many homeowners who sell in 2023 may still have a profit on the sale of their home. Assuming no tax law changes, the same capital gains rules will apply in 2023 as they did in 2022.

The takeaway here is that if you are thinking about selling this year, start planning now. Gains realized in 2023 are not reportable or taxable until 2024. Figuring out your basis and adjustments now will save a lot of headaches next tax season.

How Secure 2.0 Will Impact Employers’ Tax Situations

The Setting Every Community Up for Retirement Enhancement 2.0 Act of 2022, otherwise known as SECURE 2.0, is a piece of legislation that focuses on how employers and their employees are able to save for retirement and how it impacts their bottom lines.

Businesses with as many as 50 employees can receive a tax credit when they offer a defined contribution plan to employees. The start-up tax credit permits up to 100 percent of start-up costs ($5,000 annually) to offset administrative expenses to implement a start-up plan. However, for businesses with 51 to 100 employees, the first SECURE Act’s tax credit equal to 50 percent of administrative costs, capped at $5,000, remains in effect.

SECURE 2.0 also allows for an employer tax credit of up to $1,000 per employee, effective Jan. 1, 2023, when the business contributes to defined contribution plans as long as the employee makes no more than $100,000 annually. It’s phased down over a five-year period. For employers with 51 to 100 employees, the credit phases down based on the number of active employees.

Another tax credit is for eligible employers that employ military spouses. Beginning in 2023, employers with up to 100 employees making at least $5,000 annually are able to obtain a general tax credit, up to $500 for three years as long as they meet the following conditions in conjunction with the company’s defined contribution plan:

Qualified employees enroll within two months of onboarding.
Once qualified, an employee is entitled to plan benefits he wouldn’t otherwise be eligible for until after 24 months of employment, such as the employer deposit of an amount equal to what the employee contributes to his plan.
Contributions from the business are assigned in full to the employee.

The $500 tax credit is comprised of $300 contributed by the employer to the employee and $200 based upon eligible military spouse participation.

Employers may utilize the tax credit during the year the military spouse is onboarded and the following two tax years. Employees also need to attest to their status to qualify.

If an employee is married to someone who is actively serving in the armed services, that person is considered a military spouse. However, if such an individual is considered a Highly Compensate Employee (HCE), he or she must be excluded from this definition based on compensation level.

Based on IRS regulations, there are two different tests that determine if an employee is an HCE and determines eligibility for contribution plan participation by employees and potential tax implications for employers. The first test is an ownership test; the other is a compensation test to determine if an employee is an HCE.

Looking at the compensation test, the IRS’ HCE Threshold for 2022 and 2023 is $135,000 and $150,000 in compensation, respectively. The ownership test looks at whether an employee owns 5 percent of the business during the determination year or within the present plan year. If the same employee has the same 5 percent ownership stake within the lookback year, which is the past 12 months immediately preceding the determination year, they are deemed to meet the ownership test.

While each company has different attributes and must navigate the tax code based on their own circumstances, understanding how the SECURE 2.0 law works is one way to make the most of tax obligations.

Sources

https://www.finance.senate.gov/imo/media/doc/Secure%202.0_Section%20by%20Section%20Summary%2012-19-22%20FINAL.pdf

Multigenerational College Planning with a Family Dynasty 529 Plan

The College Savings 529 plan offers a way for modest-income families to save and invest for college expenses for their children as early as birth up to college age. When invested 529 funds are used to pay for the beneficiary’s qualifying education costs, earnings are distributed tax-free.

However, a lesser-known advantage for wealthier families is that the 529 plan can be used as an effective tax-advantaged tool for funding college expenses for family members over multiple generations. Basically, the 529 enables the investment to continue growing tax-free for years and even decades after the death of the original owner and beneficiary.

Assets from a 529 account may be used to pay for expenses associated with higher education, including tuition, fees, books, room, and board. The 529 also can be used to pay up to $10,000 a year in tuition expenses for K-12 education and a lifetime total of up to $10,000 in student loan repayments.

No Age or Use Restrictions

The two key components to this planning strategy, referred to a Family Dynasty 529 plan, are that the beneficiary can be changed at any time and that there is no time frame during which all assets must be distributed (including no required minimum distributions).

Note that the selection of a 529 beneficiary is rather broad:

Account owner (self)
Spouse
Child
Spouse of a child
Brother, sister, stepbrother, stepsister or their spouse
Mother, father, the ancestor of either or their spouse
Stepfather, stepmother or the spouse of either such person
Nephew, niece or their spouse
Aunt, uncle or their spouse
Son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law or their spouse
First cousin

While the 529 can have only one named beneficiary at a time, the beneficiary can be changed at any time (such as once a student graduates), leaving the remaining funds for the next beneficiary.

No Contribution Limit

Unlike federal tax filings, many states offer a limited tax deduction on annual 529 contributions. Note that there is no limit to the amount that can be contributed to a 529 account each year. However, there is a limit to how much can be contributed to each 529 account in total, and that amount differs by state, with the range falling between $235,000 and $529,000. Georgia and Mississippi are the lowest at $235,000, and California features the highest limit at $529,000 (note that a California account can be opened no matter where the owner or beneficiary lives). Moreover, there is no limit to how much invested tax-free 529 assets can grow.

One strategy is to fund a family dynasty 529 with the maximum limit in one lump sum. The idea here is that one lump sum invested for tax-free growth offers the potential to fund college education expenses for a vast number of extended family members over several generations. Each time a beneficiary graduates, a new beneficiary is named. If there are multiple students scheduled to attend college at the same time, multiple 529 accounts can be opened with separate beneficiaries.

Changing Owner for Dynasty Plan to Continue

It is likely that when funding over several generations, the original 529 account owner will pass away. A few plans permit change of ownership only in the event of the death or incapacity of the current owner, but most 529 plans allow the change in ownership at any time, as long as the owner has reached the age of majority for that state’s plan. By periodically changing both owners and beneficiaries of the account, the family dynasty 529 can continue to grow and pay for qualified education expenses indefinitely.

The 529 also may be structured so that the account owner is a trust, which makes it unnecessary to change owners as they pass away. A trust can help protect 529 funds from creditors and may contain language mandating that assets can be used only for higher education – thus eliminating the potential for a beneficiary to drain the account with non-qualified withdrawals.

Potential Gift/GST Tax Consequences

Be aware that some state 529 plans may treat a change in ownership as a distributable event and will issue Form 1099 for tax purposes. Also note that when a new 529 plan beneficiary is one or more generations below the most recent beneficiary, distributed assets beyond the annual gift tax exemption ($17,000 for 2023) may be subject to the gift tax. In this scenario, should excess amounts exceed the lifetime gift tax exemption ($12.92 million for 2023), distributions may be subject to an additional generation-skipping transfer tax (GST).

The Family Dynasty 529 plan is best optimized when started early, such as the birth of the first child, and overfunded to the maximum limit. This allows for the best growth opportunity, wherein college expenses may be funded using tax-free earnings, leaving the principal available to grow for the next student beneficiary. Better yet, parents or grandparents can retain control of the account to ensure it is used only for college funding over multiple generations.

7 Steps to Start a Business

The idea of starting your own business is inherently romantic, if not exhilarating: You get to run the show, flesh out your ideas and live your dream. But where do you begin? Here are seven smart steps to get you started – and help improve your chances of success.

Come Up With a Concept

What’s your idea? Is it profitable and something you’re passionate about? Would others consider you an expert in this area and seek your advice? What kind of funding do you have? Will you partner with someone or go solo? When you can determine all of these things, then you’ll be off and running.

Know Your Competition and Market

Do your research. Learn about the industry you’re entering. Who are the leaders, and what is their USP – Unique Selling Proposition? Then figure out what yours is. Next, get to know your target customers with questionnaires, surveys, and interviews. Find out what they want. You might also conduct a SWOT analysis, which stands for strengths, weaknesses, opportunities, and threats. After you synthesize and analyze all this data, you’ll have a clear picture of how your business will take shape.

Create a Road Map

You don’t go on a trip without a guide. Starting a business is no different. In your roadmap – or business plan – you’ll want to generate a comprehensive picture of your business, which includes everything from an executive summary and market analysis to a mission statement and financial plan. Other items to include are a marketing plan and an exit strategy. When your business plan is complete, you can share it with potential investors and banks. Here’s a free simple business plan template you can use as a blueprint.

Choose Your Structure

Will you be an LLC (Limited Liability Company), LLP (Limited Liability Partnership), Sole Proprietorship or corporation? There are pros and cons to all of these. In addition, you’ll want to name your business, come up with your DBA (Doing Business As). Then, you’ll register your business, apply for an EIN (Employee Identification Number), and get the right licenses and permits.

Organize Your Finances

Open a business bank account – you’ll need your EIN when you do this. If you sell a product, you’ll need either a bookkeeper or good accounting software. Then determine your break-even point. What are your startup costs? What kind of supplies or professional services will you need? Will you operate out of your garage or rent a space? Here’s the equation to follow: Break-Even Point = Fixed Cost/Contribution Margin.

Fund Your Business

Knowing your break-even point, how will you fund your business? Do you have money saved? Do you have credit cards to use? Do you have cash from friends and family? Small business loans, grants and lines of credit, angel investors, venture capitalists, and crowdfunding are other solid avenues you can explore. Finally, consider buying business insurance to make sure that if something goes wrong, you’re covered.

Market Your Company

After you’ve acquired all the right tools, like accounting software, email hosting, and a credit card processor, you can hang a shingle and get the word out that you’re open for business. Bobby’s Bagels is now serving! You’ll need a website that explains everything you offer, as well as an e-commerce component. Then you’ll want to optimize your site for SEO and create content that is relevant for your target audience. The last step is creating a social media strategy.

All of these steps are high-level. When you’re in the process of gathering everything you need, other details will emerge. Starting a business might be hard work, but it will allow you to become your own boss and, best of all, realize your dream. Remember, you’ll never work a day in your life if you love what you do.

Sources

https://www.forbes.com/advisor/business/how-to-start-a-business/

Leveraging the Internet of Behavior (IoB) to Boost Customer Loyalty

Customer loyalty is critical to any successful business strategy in today’s digital age. With emerging technologies such as the internet of things (IoT), companies are now leveraging a new approach called the internet of behavior (IoB) to gain deeper insights into their customers’ behavior and preferences.

What is IoB?

The internet of behavior exists because of the internet of things. IoT is the interconnection of physical digital objects that gather and exchange information over the internet. On the other hand, IoB makes sense of the collected data from various sources, including wearable devices, digital household devices, human online activity and social media.

The acronym internet of behavior (IoB) was coined by Gartner, a tech research firm, as identified among the top 10 trends in their strategic technology report for 2021. However, the concept of using data to influence customer behavior was developed in 2012 by Göte Nyman, a psychology professor at the University of Helsinki, long before the internet of things took hold.

Gartner defines IoB as an extension of the internet of things, focusing on capturing, processing and analyzing the “digital dust” of people’s daily lives.

Simply put, IoB interconnects IoT, consumer psychology and data analytics. The data is analyzed in terms of behavioral psychology to capture patterns that marketing and sales teams can use to influence customer behavior.

How IoB can Influence Customer Loyalty

Aside from products and services, customer experience has become a significant factor in business success. By understanding customer behavior, businesses can leverage IoB data to influence customer loyalty in various ways.

Personalization

Personalization has the power to transform customer experience. This is reflected in a survey that revealed 76 percent of Americans are more likely to complete a purchase because of a personalized experience.

To take advantage of IoB, companies study insights extracted from collected data and use it to decipher customer behavior; that is, their practices, preferences, habits, needs, wants and more. The company can then leverage this data to offer personalized product recommendations, such as insurance premiums, saving plans, travel destinations, etc.

For example, an insurance company can have users install apps on their phones that collect data on distance traveled, car speed, etc., and optimize their car’s premium based on driving behavior.

Timely Improvement of Products and Customer Services

IoB also makes studying how customers interact with specific services or products easy. This saves companies from time-consuming surveys that are used to determine consumer preferences. The collected data is analyzed to identify pain points and issues of concern. The company can then address the issues before they become significant problems, such as by improving on products and services. This is an excellent way to build trust and confidence in a brand, leading to customer retention.

Behavioral Retargeting

Since companies can access customer preferences, recent activities, likes, dislikes, and location data, they can send real-time notifications to customers about discounts and new offers in stores nearby. They also can track loyal customers and offer them rewards. This kind of retargeting will make customers feel like a business values them and caters to their interests.

Develop a Tailored Marketing Strategy

Insights from IoB data can help tailor marketing strategies to individual customers. For instance, a retail store can offer products or services based on the mood, age or gender of a customer; thereby providing a satisfying experience that will lead to a stronger emotional connection with the brand.

Key Challenges that must be Addressed for the Success of IoB

Despite the opportunities IoB offers, companies must be aware of some key challenges to fully realize its benefits.

Privacy Concerns – Although personalization will make consumer lives easier, there is a concern about privacy. Companies must implement strong cybersecurity policies and measures to ensure that customer information is used only for that which a customer has given consent.
Convincing Users to Share Personal Data – People might not be comfortable sharing their personal data.
Laws and Regulations – Strict regulations around collecting and using personal data, such as the General Data Protection Regulation (GDPR), require companies to comply in order to avoid fines and legal issues.
Cybersecurity – As reliance on technology rises, so do cyberattacks. Cybercriminals may access sensitive data on consumer behavior, making consumers susceptible to online scamming and identity theft, among other threats.

Conclusion

Leveraging IoB can provide businesses with a competitive edge and drive revenue growth. Companies seeking continuous success should consider placing IoB at the center of business innovation to create personalized customer experiences. At the same time, they must also examine any challenges that might reduce the effectiveness of IoB.

Increasing Small Business Investments, Relaxing COVID Vaccination Requirements and Generating More Challenges to Abortion Access

Investing in Main Street Act of 2023 (HR 400) – Introduced by Rep. Judy Chu (D-CA) on Jan.20, this bill would permit certain financial institutions to increase investments in small business investment companies (SBICs). The current cap is 5 percent; if passed, the amount would rise to up to 15 percent of their capital and surplus. The bill passed in the House on Jan.25 and is now under consideration in the Senate.

To terminate the requirement imposed by the Director of the Centers for Disease Control and Prevention for proof of COVID-19 vaccination for foreign travelers and for other purposes (HR 185) – This bill would nullify the standing CDC order that requires non-U.S. citizens who are not immigrants to be fully vaccinated against COVID-19 (or otherwise prove adherence to public health measures to prevent contagion)for entry into the United States by air travel. The bill also would nullify both successor and subsequent orders that would require proof of a COVID-19 vaccination as a condition of entry and prohibit the use of federal funds to enforce such a requirement. However, the bill carves out exceptions for certain individuals traveling from China to the United States. The bill was introduced on Jan. 9 by Rep. Thomas Massie (R-KY). It passed in the House on Feb. 8 and is currently under consideration in the Senate.

Freedom for Health Care Workers Act (HR 497) – The passage of this bill would eliminate the current COVID-19 vaccine mandate for healthcare providers working in certain federal healthcare programs. The bill was introduced by Rep. Jeff Duncan (R-SC) on Jan. 25 and passed in the House on Jan. 31. It is currently awaiting review in the Senate.

To nullify the modifications made by the Food and Drug Administration in January 2023 to the risk evaluation and mitigation strategy for the abortion pill mifepristone and for other purposes (HR 383) – This bill would nullify the FDA’s new rule allowing a pharmacy to dispense mifepristone, as well as ban the pill from being offered by mail. Medication abortion is now the most commonly used abortion method in the United States. Under the current guidelines, pharmacies may prescribe mifepristone in person to patients, essentially permitting it to be disseminated at the same time with misoprostol. This two-pill combination is taken in sequence to induce an abortion at home. The bill to ban this access was introduced on Jan. 17 by Rep. Diana Harshbarger (R-TN) but has yet to be assigned to a committee for review.

To ensure the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act (HR 459) – This legislation was introduced in the House by Rep. Anna Eshoo (D-CA) on Jan. 24. It would ban doctors from revealing a patient’s abortion information without consent, even under a court order or subpoena. Presently, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) restricts doctors, psychologists, pharmacies, hospitals, etc., from revealing a patient’s protected health information – unless compelled to do so by law. This bill would make it illegal for a medical professional to reveal a patient’s abortion information without the patient’s consent, superseding even a court order or subpoena. The bill is currently in the House awaiting a potential vote by the Energy and Commerce Committee.

Prescription Pricing for the People Act of 2023 (S 113) – This bill would authorize the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and report on anti-competitive practices and other trends that impact how prescription medications are priced. In an effort to increase transparency, the FTC also would provide recommendations to Congress for potential legislative action. The bill was introduced on Jan. 26 by Sen. Chuck Grassley (R-IA) and is currently being considered in the Senate.

Overhauling the National Tax System, Eliminating Oil Sales to China, and Criminalizing Late Abortion Attempts

To rescind certain balances made available to the Internal Revenue Service (HR 23) – Introduced by Rep. Adrian Smith (R-NE) on Jan. 9, this bill would rescind funds allocated to the Internal Revenue Service by the Inflation Reduction Act of 2022. The bill is designed to “defund” specific enforcement activities, operational support, enhancement to the e-file tax return system, and allocations to the U.S. Tax Court and other Department of the Treasury tax agencies. The bill passed in the House on Jan. 9 and has moved to the Senate,

Protecting America’s Strategic Petroleum Reserve from China Act (HR 22) – This bill would prohibit the Department of Energy (DOE) from selling crude oil to any entity under the ownership, control, or influence of the Chinese Communist Party. The bill was introduced on Jan. 9 by Rep. Cathy Anne McMorris Rogers (R-WA). It passed in the House on Jan. 12 and is currently under consideration in the Senate.

Born-Alive Abortion Survivors Protection Act (HR 26) – An example of one of many abortion-related bills introduced by the House in the new 118th Congressional Session, this Act would require healthcare practitioners to exercise the proper degree of care in cases where a fetus survives an attempted abortion – including ensuring the neonate is immediately admitted to a hospital. Failure to provide such care or failure of others to report the crime would be subject to a fine and/or up to five years in prison. Furthermore, anyone who intentionally kills the neonate would be subject to prosecution for murder. However, this bill would bar criminal prosecution of the birth mother in these circumstances and permit her to bring civil action for these violations if perpetrated by others. The bill was introduced by Rep. Ann Wagner (R-MO) on Jan. 9 and is under assignment in a House committee.

Fair Tax Act of 2023 (HR 25) – This legislation was introduced in the House by Rep. Buddy Carter (R-GA) on Jan. 9. It is currently assigned to committee for consideration. The purpose of the bill is to replace the current income tax system (including payroll, estate, and gift taxes) with a national consumption sales tax on goods and services. Instead of paying the current 10 percent to 37 percent tax rates based on income bracket, as well as eliminating all deductions and credits, U.S. residents would pay a minimum 23 percent federal tax (in addition to state and local taxes) on all purchases, regardless of income bracket. Exemptions would include property or services purchased for business, export, investment, or state government functions. The flat rate would essentially tax a higher percentage of income from low earners while high-income earners would have more assets available for savings and investment that would not be taxable. Each state would bear the responsibility for collecting and remitting this federal sales tax to the Treasury.

Key Deadlines and Changes for the 2023 Tax Season

Every year, typically right after the new year starts, the IRS formally announces key dates and deadlines for the current tax season. Recently, the IRS made the announcements for the current 2023 tax season.

To make sure the process goes as smoothly as possible, it’s best if you are aware of this tax season’s deadlines and key dates so you don’t miss a beat in working with your CPA.

Tax Season in Perspective

More than 168 million individual tax returns are expected to be submitted to the IRS in 2023, covering the 2022 tax year. The last three years saw delays and snafus, largely impacted by the pandemic. This year, the IRS assures taxpayers it is taking measures to streamline filings.

Under the recently passed Inflation Reduction Act, the IRS hired thousands of customer service representatives. They will be on call to assist with answering questions via the IRA taxpayer helpline. The helpline number is: 1-800-829-1040; additionally, online tools and resources can be found on the IRS website.

The IRS also provides other free assistance services, such as its Volunteer Income Tax Assistance and Tax Counseling for the Elderly for qualified individuals.

Important Dates for the 2023 Tax Filing Season

IRS Free Filing Opens for the season – Jan. 13
Opening 10 days earlier than the regular official start of the season, the IRS free file program offers taxpayers making less than $73,000 in 2022 to file free of charge using online tax software.
Estimated Tax Payments for the 2022 tax year 4th quarter – Jan. 17
First day the IRS starts accepting and processing 2023 tax season (2022 fiscal year) individual tax returns – Jan. 23
Earned Income Tax Credit (EITC) Awareness Day – Jan. 27
This day is designed to raise awareness of the EITC availability to low- and moderate-income workers and families who may qualify but are unaware.
Due date for 2022 tax returns to be filed or extension requested, tax due to be paid – April 18
This deadline is an additional three days beyond the typical deadline of April 15, granted due to the Emancipation Day holiday in Washington, D.C., and the way the weekend falls.

Note that refunds are expected to be issued in 21 days or less (if using the direct deposit option and filing electronically).
Due date for 2022 individual tax returns put on extension – Oct. 16

Gather Your Important Documents

Keeping these dates and deadlines in mind, make sure you organize and gather all your tax records and documents as you receive them electronically or in the mail. This will make it faster and easier to work with your tax professional.

Conclusion

Keep in mind the above dates as you organize and prepare for the 2023 tax season. Doing so will make your life much easier and less stressful when it comes to taxes.

Defining an Impaired Asset

When it comes to defining an impaired asset, its fair market value is worth less than the original cost of the asset – or, more formally, its carrying value. As a company re-evaluates its assets’ value, and when it determines there’s a discrepancy between the book or original value and the current market value, impaired assets that are lower in value are written down on the balance sheet. The business’ income statement shows a loss for the negative difference in value. Impaired assets can be Property, Plant, and Equipment (PP&E), goodwill, or fixed assets.

Making a Judgment on Asset Impairment

One more consideration to get an accurate calculation, according to generally accepted accounting principles (GAAP), is to ensure that accumulated depreciation is subtracted from the asset’s historical or original cost before assessing the difference between the fair market and carrying values. Equally as important is the GAAP recommendation for businesses to perform impairment tests annually.

Assets could be damaged physically, consumer demand may change, or legal factors could reduce its fair market value. These reasons may cause lowered projected future cash flows – lower than an asset’s current carrying value. It, therefore, requires an impairment assessment.

Illustrating With a Real-World Example

Take a business that bought a piece of equipment 24 months ago worth $500,000 and depreciates it $25,000 annually. Using these two figures, we can determine the equipment’s carrying value is as follows for the present year:

[($500,000 – ($25,000 x 2 years)] = $450,000

If the same type of asset (same age, usage, etc.) can be purchased on the open market but is able to be purchased for $400,000 (market value), the asset the business owns would be considered an impaired asset.

The difference between the current market value and the carrying value is: $450,000 – $400,000 = $50,000. The $50,000 would be written down.

It’s important to note that once an asset is impaired, depreciation going forward must be recalculated based upon the new valuation figure.

Criteria to Establish Impairment

According to GAAP, businesses must begin with a recoverability test. If the initial cost of an asset (minus any depreciation or amortization) is more than the non-discount rate adjusted cash flows it’s projected to produce, the asset is considered impaired.

Assuming the asset is deemed impaired, the second part determines how much impairment exists, which is the gap between the original and market value of the asset in question. If the fair value is unspecified, the total of the discount rate adjusted future cash flows is acceptable.

Assuming the total of non-discount rate adjusted future cash flows is $90,000 – the projected undiscounted cash flows through the next 36 months, which is lower than the estimated carry amount (or book value) of $115,000. The recoverability test is passed, so the asset should be impaired. Based on the second step, the impairment loss will be $25,000 ($115,000 – $90,000). If, however, the fair market value is unknown, the projected cash flows of $30,000 per year for the next 36 months should be discounted to present value. This example can assume a 5 percent discount rate:

Year 1 – $30,000 / (1+0.05) = $30,000 / 1.05 = ($28,571.43)

Year 2 – $30,000 / (1+0.05)^2 = $30,000 / (1.1025) = ($27,210.88)

Year 3 – $30,000 / (1+0.05)^3 = $30,000 / (1.1576) = ($25,915.69)

To calculate the impairment loss with an unknown fair market value: $115,000 – ($28,571.43 + $27,210.88 + $25,915.69) = $115,000 – $81,698.00 = $33,302.00

Whether it’s a time of economic uncertainty or the economy is firing on full cylinders, assets can change value. Businesses that effectively navigate changing conditions are able to increase their chances of surviving or thriving amid the challenges they might face.

Category: Blog