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December 27, 2011
Dear Client:
This letter provides a summary of payroll reporting requirements for the 2011 calendar year‑end and a discussion of the applicable payroll changes you should be aware of for the Year 2012. After reviewing the letter, please pass the information to the appropriate individuals within your organization.
In the last few years, preparing your own payroll has become a much more expensive and demanding task than any business person could ever have imagined. The actual paycheck preparation itself has become only part of the total payroll process which includes a myriad of special reporting in the areas of federal, state, and local taxes, special government reporting, wage and hour laws, required record keeping, and electronic deposit requirements.
Our firm has been processing payrolls for clients for over fifty years. Over these years, we have developed a payroll processing system that is far superior to outside payroll specialty firms in its simplicity of client input and cost to the client. This service has proved to be immensely popular with our clients currently using it because of the time and cost savings realized. Direct deposit of net payroll checks is available as part of our payroll service.
We currently prepare payrolls for clients with as few as two and as many as 200 employees. If you are still preparing your payroll on a manual basis, please contact us to determine if our payroll services meet your needs. You may be extremely surprised at the time and dollar savings to your business.
This letter is presented for general information purposes to those who are currently using our payroll services and to assist those preparing their own payrolls or using an outside preparer.
We hope the information we have provided for you is helpful. Please call if we can provide you with additional assistance.
Very truly yours,
BLACK, BASHOR & PORSCH, LLP
Certified Public Accountants
PAYROLL INFORMATION FOR 2011
FICA
2012
THE FOLLOWING LINK CONNECTS YOU TO THE INTERNAL REVENUE SERVICE INSTRUCTIONS REGARDING THE TEMPORARILY EXTENDED PAYROLL TAX CUT:
http://www.irs.gov/newsroom/article/0,,id=251650,00.html
(The Temporary Payroll Tax Continuation Act of 2011 temporarily extends the two percentage point payroll tax cut for employees, continuing the reduction of their Social Security tax withholding rate from 6.2 percent to 4.2 percent of wages paid through February 29, 2012):
IF THIS IS EXTENDED, IT WOULD PROBABLY WORK AS EXPLAINED BELOW:
The Social Security wage base - the maximum pay on which the Social Security tax (4.2 percent for employee and 6.2 percent for employer) is levied - is $ 110,100, but, the 1.45 percent for Medicare is payable on total wages. Thus the amount an individual will pay is 5.65 percent of the first $ 110,100, plus 1.45 percent of the wages in excess of $ 110,100. The amount his or her employer will pay is 7.65 percent of the first $ 110,100, plus 1.45 percent of the wages in excess of $ 110,100.
For the self‑employed, the rate is 13.3 percent on the first $ 110,100, and 2.9 percent on the excess over $ 110,100, with approximately half of the tax being deductible in calculating adjusted gross income.
2011
The Social Security wage base - the maximum pay on which the Social Security tax (4.2 percent for employee and 6.2 percent for employer) is levied - is $ 106,800, but, the 1.45 percent for Medicare is payable on total wages. Thus the amount an individual will pay is 5.65 percent of the first $ 106,800, plus 1.45 percent of the wages in excess of $ 106,800. The amount his or her employer will pay is 7.65 percent of the first $ 106,800, plus 1.45 percent of the wages in excess of $ 106,800.
For the self‑employed, the rate is 13.3 percent on the first $ 106,800, and 2.9 percent on the excess over $ 106,800, with approximately half of the tax being deductible in calculating adjusted gross income.
EARNINGS TEST FOR RETIRED WORKERS
SSA uses the formulas below, depending on your age, to determine how much your benefit must be reduced:
·If you are under full retirement age (see below): when you start getting your Social Security payments, $ 1 in benefits will be deducted for each $ 2 you earn above the annual limit. For 2012, that limit is $ 14,640; and for 2011, that limit was $ 14,160. The earliest age that you can receive Social
Security retirement benefits remains 62 even though the full retirement age is rising.
·In the year you reach your full retirement age (see below): $ 1 in benefits will be deducted for each $ 3 you earn above a different limit, but only counting earnings before the month you reach the full benefit retirement age.
For 2012, this limit is $ 38,880; for 2011, this limit was $ 37,680.
·Starting with the month you reach full retirement age (see below): you will get your benefits with NO limit on your earnings.
Please Note: Earned income is defined as income from wages or net earnings from self-employment. Pensions, 401(k) distributions, dividends, interest, and IRA distributions are NOT earned income.
What is Your Full Retirement Age?
Year of Birth Full Retirement Age
1937 or earlier..65
1938.............65 and 2 months
1939.............65 and 4 months
1940.............65 and 6 months
1941.............65 and 8 months
1942.............65 and 10 months
1943-1954........66
1955.............66 and 2 months
1956.............66 and 4 months
1957.............66 and 6 months
1958.............66 and 8 months
1959.............66 and 10 months
1960 and later...67
For various Social Security calculations - go to www.SSA.gov
NEW MILEAGE RATES FOR AUTOMOBILES
The 2012 mileage rates will be as follows:
for charitable mileage 14.0¢ 14.0¢ 14.0¢
for medical travel 23.0¢ 19.0¢ 23.5¢
for moving expense mileage 23.0¢ 19.0¢ 23.5¢
ELECTRONIC (EFTPS) TAX DEPOSIT REQUIREMENTS
The Internal Revenue Service has issued regulations which provide that beginning January 1, 2011, you must deposit all depository taxes (such as employment tax, excise tax, and corporate income tax) electronically using the Electronic Federal Tax Payment System (EFTPS). Under these regulations, Forms 8109 and 8109-B, Federal Tax Deposit Coupon, cannot be used after December 31, 2010. For more information about EFTPS or to enroll in EFTPS, visit the EFTPS website at www.eftps.gov.
FEDERAL WITHHOLDING TAX
The new federal withholding tax tables will soon be available on www.irs.gov. Search with keyword "2012 Circular E". Withholding rates for certain special circumstances are 25 percent for bonuses and 20 percent for certain retirement plan payouts.
MINIMUM WAGE
The Pennsylvania minimum wage is $ 7.25 per hour effective July 24, 2009. The Ohio minimum wage is $ 7.70 per hour effective January 1, 2012. This is an increase from last year.
We would also like to remind all employers that the Fair Labor Standards Act requires that overtime be paid for hours worked over 40 hours in one (1) week in most instances. For Pennsylvania, the minimum cash wage for tipped employees will remain at $ 2.83 per hour. However, an employer will have to make up the difference if the employee's tips and the $ 2.83 per hour do not make up the Pennsylvania minimum wage. For Ohio, the minimum cash wage for tipped employees will be $ 3.85 per hour effective January 1, 2012, which is an increase from the prior year.
PENNSYLVANIA STATE WITHHOLDING
The rate for Pennsylvania state withholding for 2012 currently remains unchanged at 3.07 percent (.0307).
PENNSYLVANIA UNEMPLOYMENT COMPENSATION
The taxable wage base on which an employer contributes to the Pennsylvania UC Fund remains at $ 8,000. This is the same base as 2011. Paper quarterly forms will no longer be mailed to employers. Because the new Unemployment Compensation Management System is not available, employers should continue to file their quarterly unemployment forms using either paper UC‑2/2A forms, E-tides, or magnetic media. All employers will be notified when the new UC system becomes available.
PENNSYLVANIA UNEMPLOYMENT WITHHOLDING
Effective January 1, 2003, the Commonwealth of Pennsylvania re-instituted its unemployment withholding (UC) tax on employees. The tax rate for 2012 will be
.08 percent (.0008) on total employee wages, or 80 cents for each $ 1,000 paid. This is the same rate as 2011.
OHIO STATE WITHHOLDING
Ohio withholding tables are the same as 2010. If you do not have the Ohio tables, please contact our office or you can find the withholding tables at the following website: http://tax.ohio.gov/divisions/employer_withholding/index.stm
OHIO UNEMPLOYMENT COMPENSATION
Ohio employers reporting Ohio unemployment should note that the Ohio Unemployment Taxable Wage Base is $ 9,000 per employee for 2012. This is the same base as last year.
FEDERAL UNEMPLOYMENT COMPENSATION
The taxable wage base on which an employer contributes to the Federal UC Fund remains at $ 7,000. This is the same base as last year. The FUTA tax rate was 6.2% from January 1, 2011, through June 30, 2011 (quarters 1 and 2), and decreased to 6.0% July 1, 2011, through December 31, 2011 (quarters 3 and 4).
CREDIT REDUCTION STATE
A state that has not repaid money it borrowed from the federal government to pay unemployment benefits is a "credit reduction state". The Department of Labor determines these states. Both Pennsylvania and Ohio are credit reduction states. If an employer pays wages that are subject to the unemployment tax laws of a credit reduction state, that employer must pay additional federal unemployment tax when filing its Form 940.
For 2011, there are credit reduction states. If you paid any wages that are subject to the unemployment compensation laws of any of these states, you are not allowed the credit reduction rate (i.e., .003 or .006) of the regular .054 credit for the credit reduction state. Use Schedule A (Form 940), to figure the tax. For more information, see the Multi‑State Employer and Credit Reduction Information, Instructions for Schedule A (Form 940) or visit IRS.gov.
CITY WITHHOLDING TAX
The wage tax rates for Pennsylvania communities in our tax area are as follows:
Residents of the City of Sharon......................... 2.25 percent
Residents of the City of Hermitage...................... 2.25 percent
Residents of the City of Farrell........................ 1.80 percent
Residents of the Borough of Greenville.................. 1.65 percent
Residents of other area communities..................... 1.00 percent
Non-residents working in the City of Farrell are subject to a 1.4 percent (.014) withholding tax, unless they are residents of Greenville, Hermitage, or Sharon.
Non-residents working in the Borough of Greenville are subject to a 1.42 percent (.0142) withholding tax, unless they are residents of Farrell, Hermitage, or Sharon. Non-residents working in the City of Sharon are subject to a l.0 percent (.01) withholding tax unless they are residents of Greenville, Hermitage, or Farrell.
CHANGES TO LOCAL INCOME TAX COLLECTION AND REPORTING
The municipality tax reporting and collection portion of Pennsylvania ACT 32 takes effect beginning January 1, 2012.
Under ACT 32, every employer must have every employee complete and sign a Local Earned Income Tax Residency Certification Form. This form will identify the political subdivisions where the employee both lives and works. This is Form CLGS‑32‑6 (8‑11) from the Department of Community and Economic Development. It is available on the DCED website at www.newpa.com. An employer must keep a copy of the Local Earned Income Tax Residency Certification Form in the employee's personnel file and have it available if they are audited.
You must have every employee currently working complete and sign a Local Earned Income Tax Residency Certification Form.
All new hires must complete and sign a Local Earned Income Tax Residency Certification Form before they can be paid.
If an employee moves, they must complete a new residency certification form.
A significant change that affects all employers: ACT 32 places the responsibility to collect the proper rate of tax from each employee on the employer. If the municipality tax is withheld incorrectly, the employer is liable for any tax not collected. The correct rate is the higher of the tax rate where the employee lives or the nonresident tax rate where he works based on his current Local Earned Income Tax Residency Certification Form.
The tax rates for your employees should not change.
This link can be used to determine the political subdivision where the employee lives and works. If you are having difficulty determining the correct PSD Code, we can assist you. http://munstatspa.dced.state.pa.us/FindLocalTax.aspx
Berkheimer Tax Administrator has been selected as the collector for Mercer County. Their website is www.hab-inc.com which details the new filing requirements. Your local income tax report must include the following information:
Name, address, social security number, wages, local withholding, and PSD Code (Political Subdivision Code)
LOCAL SERVICES TAX (LST)
Information on withholding LST tax from employees' wages can be found at:
www.newpa.com/get-local-gov-support/tax-information/local-services-tax.
The City of Hermitage has increased its LST tax to $ 52.00 per year effective January 1, 2012.
For other municipalities' rates, use the website mentioned above and click on "official tax register".
EMPLOYEE USE OF BUSINESS OWNED VEHICLES AND VEHICLE ALLOWANCES
Amount of income to recognize and withholding must be reported on a W‑2.
REQUIREMENTS TO FILE INFORMATION RETURNS
Please see pages 15 through 17 of the Employer's Tax Guide at http://www.irs.gov/pub/irs-pdf/i1099gi.pdf to assist you in your preparation of information returns for 2011. Please contact our office if you have any questions concerning these information returns. Please review the referenced pages indicating the various reporting requirements. Also, please carefully review the 1099-MISC requirements.
W-2 AND 1099 ELECTRONIC REPORTING
The Social Security Administration encourages all employers to e-file. If you are required to file 250 or more Forms W‑2, you must file the forms electronically unless the Internal Revenue Service granted you a waiver. If you are required to e-file but fail to do so, you may incur a penalty. Forms W‑2 may be submitted by creating them on‑line or by uploading a file in the EFW2 format. Your must register with the Social Security Administration to submit W-2 information electronically. Information is available at http://www.socialsecurity.gov/employer/.
If you are required to file 250 or more Forms 1099, 1097, 1098, 3921, 3922, 5498, and W‑2G, you must file electronically. The 250‑or‑more requirement applies separately to each type of form. For example, if you must file 500 Forms 1098 and 100 Forms 1099‑A, you must file Forms 1098 electronically, but you are not required to file Forms 1099‑A electronically. To electronically file Forms 1099, 1097, 1098, 3921, 3922, 5498, and W‑2G, you must get approval by filing Form 4419 ‑ Application for Filing Information Returns Electronically (FIRE) at least 30 days before the due date of the returns. For further information, see 2011 General Instructions for Forms 1099, 1097, 1098, 3921, 3922, 5498, and W‑2G.
You may request a waiver on Form 8508, Request for Waiver From Filing Information Returns Electronically. Submit Form 8508 to the Internal Revenue Service at least 45 days before the due date of the forms. For more information, see the instructions on Form 8508 for filing information or contact the Internal Revenue Service at 1‑866‑455‑7438.
Before submitting W-2 forms to the Social Security Administration (SSA), make sure all name/Social Security number combinations match the Administration's files. The fines for failure to file using accurate names and Social Security Numbers are outlined in the 2011 Instructions for Forms W-2 and W-3 publication from the Internal Revenue Service.
The SSA provides the Social Security Number Verification Service (SSNVS) to allow online verification of employee names and Social Security numbers. There is a handbook available at this link http://www.ssa.gov/employer/ssnvs_handbk.htm. You must be registered and have an activation code in order to use the service.
Payroll tip: When you hire a new employee ask to see his/her Social Security card and set up his/her payroll record using the name exactly as it appears on the card. Only make name changes to payroll records if the employee provides an updated Social Security card. Remind employees to promptly report name changes to Social Security Administration (e.g., marriage or divorce). Consider sending an annual memo or e‑mail. Tell them mistakes mean money out of their pockets - mismatches can seriously affect their eligibility for and amount of future Social Security benefits. You cannot report name changes for employees. They can call the Social Security Administration at 1-800-772-1213 and request Form SS-5, "Application for a Social Security Card", which covers name changes. SS-5 can be downloaded from the Internet at http://www.ssa.gov/online/ss-5.pdf.
IMMIGRATION REFORM AND CONTROL ACT OF 1986
On November 6, 1986, a comprehensive reform of national immigration was made law. All employers must comply. Employers are required to verify employment eligibility of anyone hired after November 6, 1986, and complete and retain a one-page Form I‑9.
IMMIGRATION AND EMPLOYMENT LIABILITY
All employees must present proof of employment eligibility and identity, and complete an Employment Eligibility Verification Form (Form I-9). Citizens of the United States include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.
An employer needs to complete Form I-9 only for people who are actually hired. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for wages or other compensation.
You, the employer must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration‑related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, the employer must not accept it.
Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.
FORM I-9 EMPLOYMENT ELIGIBILITY VERIFICATION
PURPOSE OF FORM
All United States employers are responsible for completion and retention of Form I‑9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must examine the employment eligibility and identify documents presented by the employee and record the document information on the Form I-9. The list of acceptable documents has been amended in the 2009 version of the Form I-9 and can be found on the last page of the form.
FORM'S EDITION DATE
August 7, 2009. The February 2, 2009, edition is also accepted.
WHERE TO FILE FORM I‑9
Do not file Form I‑9 with United States Immigration and Customs Enforcement (ICE) or United States Citizenship and Immigration Services (USCIS). Form I‑9 must be kept by the employer either for three (3) years after the date of hire or for one (1) year after employment is terminated, whichever is later. The form must be available for inspection by authorized United States Government officials (e.g., ICE, Department of Labor - Department of Homeland Security, Department of Justice).
Beginning of September 8, 2009, certain federal contractors and subcontractors must register for and use the federal government's Internet‑based electronic verification system called E-Verify, according to U.S. Citizenship and Immigration Services (USCIS).
Under the final rule, federal contracts awarded and solicitations issued with a period of performance longer that 120 days and a value above $ 100,000 must include a clause committing the contractor to use E-Verify. The same clause will also be required in subcontracts over $ 3,000 for services or construction that flow from those prime contracts. These contractors and subcontractors must use E-Verify to confirm that all their new hires and their employees "assigned to the contract" are authorized to work in the United States. Companies awarded contracts with the E‑Verify clause on or after September 8, 2010, will be required to enroll in E‑Verify within 30 days of the contract award date.
A supplemental guide for federal contractors on the rule can be found at: www.uscis.gov.everify - keyword Federal contractors.
FILING FEE
There is no filing fee due with Form I‑9.
EARNED INCOME CREDIT
A refundable tax credit known as the "Earned Income Credit" is available for a low‑income worker who maintains a household for a child or meets certain other requirements. Employees eligible for this credit will receive it on their tax returns. You are required to notify employees not having income tax withheld that they may be eligible for this credit. This notification should be made at the time W-2 forms are issued.
Earned income credits for 2011 may be available to employees at the following income levels:
One Qualifying Child............... $ 41,132 $ - 0 - to 3,094
Two Qualifying Children............ 46,044 - 0 - to 5,112
No Qualifying Children............. 18,740 - 0 - to 464
(Single)
One Qualifying Child............... $ 36,052 $ - 0 - to 3,094
Two Qualifying Children............ 40,964 - 0 - to 5,112
No Qualifying Children............. 13,660 - 0 - to 464
Additional information regarding the earned income credit is available from Internal Revenue Service's Publication 596 which may be accessed from the Info Center of our website.
NEW HIRE REPORTING - OHIO
If your firm has employees, you have to report all newly hired and rehired employees to the Department of Human Resources. Effective October 1, 1997, reports must be filed on paper or reported on the internet at www.OH-NewHire.com no later than 20 days after an employee is hired or returns to work following a separation of service. If you have any questions, you can call toll free at 1-888-872-1490.
The data will help set‑up child support orders and detect unemployment and disability fraud.
NEW HIRE REPORTING - PENNSYLVANIA
Effective January 1, 1998, all employers are required to report information on newly‑hired employees and rehired employees. To report new hires, go to www.cwds.state.pa.us under "Employers" - Report New Hires. You can then register and submit your new hires electronically or by paper or fax. All new‑hire reports must be filed within 20 days of the date of hire. For more information, call Labor and Industry at: 1-888-724‑4737, or our office at 724‑981‑7510 for further assistance on this matter.
The IRS has released much-anticipated temporary and proposed regulations on the capitalization of costs incurred for tangible property. They impact how virtually any business writes off costs that repair, maintain, improve or replace any tangible property used in the business, from office furniture to roof repairs to photocopy maintenance and everything in between. They apply immediately, to tax years beginning on or after January 1, 2012.
These so-called “repair regulations” are broad and comprehensive. They apply not only to repairs, but to the capitalization of amounts paid to acquire, produce or improve tangible property. They are intended to clarify and expand existing regulations, set out some bright-line tests, and provide some safe harbors for deducting payments.
The regulations are an ambitious effort to address capitalization of specific expenses associated with tangible property. The regulations affect manufacturers, wholesalers, distributors, and retailers—everyone who uses tangible property, whether the property is owned or leased. The rules provide a more defined framework for determining capital expenditures.
Most taxpayers will have to make changes to their method of accounting to comply with the temporary regulations and will need to file Form 3115. Taxpayers who filed for a change of accounting method following the issuance of the 2008 proposed regulations will probably have to change their accounting method again.
The IRS has promised to issue two revenue procedures that will provide transition rules for taxpayers changing their method of accounting, including the granting of automatic consent to make the change. The regulations require taxpayers to make a Code Sec. 481(a) adjustment; this means that taxpayers will have to apply the regulations to costs incurred both prior to and after the effective date of the regulations.
The new regulations provide rules for materials and supplies that can be deducted, rather than capitalized. The rules provide several methods of accounting for rotable and temporary spare parts, and allow taxpayers to apply a de minimis rule so that they can deduct materials and supplies when they are purchased, not when they are consumed.
Costs to acquire, produce or improve tangible property must be capitalized. The regulations address moving and reinstallation costs, work performed prior to placing property into service, and transaction costs. Generally, costs of simply removing property can be deducted, but costs of moving and then reinstalling property may have to be capitalized.
To determine whether a cost incurred for property is an improvement, it is necessary to determine the unit of property. Generally, the larger the unit of property, the easier it is to deduct expenses, rather than have to capitalize them. The regulations provide detailed rules for determining the unit of property for buildings and for non-building tangible property. For buildings, the IRS identified eight component systems as separate units of property, requiring more costs to be capitalized. However, the new rules also provide for deducting the costs of property taken out of service, by treating the retirement as a disposition.
The new regulations require virtually every business to review how repairs, maintenance, improvements and replacements are handled for tax purposes, with both mandatory and optional adjustments made to past treatment as appropriate.
Please feel free to call this office for a more targeted explanation of how these new regulations impact your business operations.
If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.
The fate of the employee-side payroll tax cut along with a host of tax extenders and other expired provisions could be decided in coming weeks. A conference committee of House and Senate members is negotiating a full-year extension of the payroll tax cut and could add some or all of the tax extenders to a final package. Lawmakers also could extend the payroll tax cut without acting on any tax incentives.
Payroll tax cut
The Temporary Payroll Tax Cut Continuation Act of 2011 extended the employee-side OASDI tax cut through the end of February 2012. The employee-share of OASDI taxes is 4.2 percent for the two-month period, rather than 6.2 percent. The employer-share of OASDI taxes remains at 6.2 percent for the two month period. Self-employed individuals also benefit from a two percentage point reduction in OASDI taxes.
Unless extended, the employee-share of OASDI taxes is scheduled to revert to 6.2 percent after February 29, 2012. The White House and the leaders of the two parties in Congress agree that the payroll tax cut should be extended a full-year. They disagree, however, how to pay for the extension; even if it should be paid for at all.
Congress could extend the two-month payroll tax cut through the end of 2012 without paying for it. The 2011 payroll tax cut was unfunded. Congress appropriated to the Social Security trust funds amounts equal to the reduction in payroll tax revenues. The 2011 payroll tax cut was estimated by the Congressional Budget Office cost approximately $111 billion. Extending it through the end of 2012 is estimated to cost just as much if not more.
House Republicans reportedly have proposed a number of revenue raisers to offset the cost of extending the payroll tax cut through the end of 2012. One GOP proposal would extend the current pay freeze for employees of the federal government. Another GOP proposal would require higher-income individuals to pay increased Medicare premiums.
One possible revenue raiser, increasingly under discussion by Democrats, is a change in the taxation of so-called carried interest. Current law generally taxes carried interest as capital gains and not as ordinary income. Past efforts to change the tax treatment of carried interest have failed to pass Congress.
Extenders
The so-called tax extenders, popular but temporary tax provisions, expired at the end of 2011. Many taxpayers are surprised to learn that their particular tax break, whether it be the state or local sales tax deduction, the teachers’ classroom expense deduction, or the research tax credit, are temporary. The extenders have been routinely revived many times in the past. This year, however, could be different. Faced with record federal budget deficits, lawmakers may decide to extend only some of the expired provisions.
President Obama’s FY 2013 proposals
President Obama is expected to release his fiscal year (FY) 2013 federal budget proposals in early February, which will reignite debate over the Bush-era tax cuts. President Obama is expected to urge Congress to allow the Bush-era tax cuts to expire after 2012 for higher-income taxpayers, which President Obama defines as individuals earning more than $200,000 or families earning more than $250,000. In recent weeks, there has been speculation that President Obama may revisit those definitions in his FY 2013 budget, possibly raising the amounts.
Few Capitol Hill observers expect Congress to take any action on the Bush-era tax cuts before the November elections. Instead, Congress may take up some of President Obama’s other proposals. As in past budgets, President Obama will likely propose to extend some energy tax breaks for individuals and businesses, extend tax incentives for education and provide some targeted-tax breaks to businesses. President Obama has also promised to introduce proposals to encourage U.S. companies to “insource” jobs at home.
On some issues, such as energy and education, lawmakers may find common ground but negotiations are likely to go down to the wire. Our office will keep you posted of developments.
If you have any questions about the payroll tax cut, tax extenders or the various tax proposals under discussion, please contact our office.
If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.
The IRS reopened its offshore voluntary disclosure program in early 2012 in response to what the government described as strong interest among taxpayers. The reopened program, the third of its type in recent years, encourages taxpayers with unreported foreign accounts to make full disclosures in exchange for a reduced penalty framework. Like its predecessors, the terms and conditions of the reopened program are very complex. The IRS has promised to provide more details. In the meantime, the prior offshore disclosure programs are guides to how the IRS intends to implement the third, reopened program.
Previous disclosure programs
The IRS launched two previous offshore disclosure initiatives: one in 2009 and another in 2011. Both programs offered reduced penalties in exchange for full disclosure. In early 2012, the IRS reported it received 33,000 voluntary disclosures from the 2009 and 2011 offshore initiatives. The government has collected over $4.4 billion from the 2009 and 2011 programs. The IRS predicted it will collect more revenue as it continues to work cases.
Reopened program
The reopened program operates very similarly to the 2009 and 2011 programs but with some key differences. The previous programs were temporary. The 2011 program ended in mid-September 2011. The reopened program has no set end date. The IRS cautioned, however, that it could close the program at some future date. The decision to end the program is solely at the discretion of the IRS.
The reopened program requires taxpayers to file all original and amended tax returns and include payment for back-taxes and interest for up to eight years as well as pay accuracy-related and/or delinquency penalties. Additionally, taxpayers must pay a penalty of 27.5 percent of the highest aggregate balance in foreign bank accounts/entities or value of foreign assets during the eight full tax years prior to the disclosure. In comparison, the highest penalty in the 2011 program was 25 percent. IRS officials have said that the penalty was increased because the agency does not want to reward taxpayers who did not participate in the 2009 or 2011 disclosure programs because they anticipated that a future penalty would be lower.
In limited circumstances, taxpayers may qualify for a 12.5 percent penalty or a five percent penalty. Generally, taxpayers whose offshore accounts or assets did not surpass $75,000 in any calendar year may qualify for the 12.5 percent penalty.
The requirements for the five percent penalty are very narrow. The IRS has explained that taxpayers must meet four conditions: (1) The taxpayer did not open or cause the account to be opened; (2) the taxpayer exercised minimal, infrequent contact with the account, for example, to request the account balance, or update account holder information such as a change in address, contact person, or email address; (3) except for a withdrawal closing the account and transferring the funds to an account in the United States, the taxpayer did not withdraw more than $1,000 from the account in any year for which the taxpayer was non-compliant; and (4) the taxpayer can show that all applicable U.S. taxes have been paid on funds deposited to the account (only account earnings have escaped U.S. taxation).
The penalty amounts in the reopened program are not set in stone, the IRS cautioned. It may eventually increase penalties in the program for all or some taxpayers or defined classes of taxpayers.
Quiet disclosures
One goal of the three programs is to caution taxpayers against so-called “quiet disclosures.” A quiet disclosure occurs when a taxpayer files an amended return and pays any tax delinquency without making a formal voluntary disclosure. The IRS warned taxpayers making quiet disclosures that they risked being sanctioned to the fullest extent allowed by law.
Critics
The offshore disclosure programs were not without their critics. The National Taxpayer Advocate recently told Congress that the IRS should streamline what is a very complicated process. The National Taxpayer Advocate also reported that IRS examiners were assuming that all violations were willful unless a taxpayer presented evidence to the contrary. It is possible that the IRS may revisit some of the terms and conditions of the reopened program in light of the National Taxpayer Advocate’s report.
If you have any questions about the reopened offshore voluntary disclosure program, please contact our office.
If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.
Taxpayers with children should be aware of the numerous tax breaks for which they may qualify. Among them are: the dependency exemption, child tax credit, child care credit, and adoption credit. As they get older, education tax credits for higher education may be available; as is a new tax code requirement for employer-sponsored health care to cover young adults up to age 26. Employers of parents with young children may also qualify for the child care assistance credit.
Dependency Exemption
In addition to the personal exemption an individual taxpayer may take for him or herself to reduce taxable income (Line 42 on Form 1040), that taxpayer may also take an exemption for each qualifying dependent who has lived with the taxpayer for more than half of the tax year. A dependent may be a natural child, step-child, step-sibling, half-sibling, adopted child, eligible foster child, or grandchild, and generally must be under age 19, a full-time student under age 24, or have special needs. The amount of the exemption is the same as the taxpayer’s personal exemption, $3,700 for the 2011 tax year and $3,800 for the 2012 tax year.
Child Tax Credit
Parents of children who are under age 17 at the end of the tax year may qualify for a refundable $1,000 tax credit. The credit is a dollar-for-dollar reduction of tax liability, and may be listed on Line 51 of Form 1040. For every $1,000 of adjusted gross income above the threshold limit ($110,000 for married joint filers; $75,000 for single filers), the amount of the credit decreases by $50.
Child and Dependent Care Credit
If a taxpayer must pay for childcare for a child under age 13 in order to pursue or maintain gainful employment, he or she may claim up to $3,000 of his or her eligible expenses for dependent care. If one parent stays home full-time, however, no child care costs are eligible for the credit.
Adoption Credit
Taxpayers who have incurred qualified adoption expenses in 2011 may claim either a $13,360 credit against tax owed or a $13,360 income exclusion if the taxpayer has received payments or reimbursements from his or her employer for adoption expenses. For 2012, the amount of the credit will decrease to $12,650, and in 2013 to $5,000.
Higher Education Credits
There are two education-related credits available for 2012: the American Opportunity credit and the lifetime learning credit. The American Opportunity credit amount is the sum of 100 percent of the first $2,000 of qualified tuition and related expenses plus 25 percent of the next $2,000 of qualified tuition and related expenses, for a total maximum credit of $2,500 per eligible student per year. The credit is available for the first four years of a student's post-secondary education. The credit amount phases out ratably for taxpayers with modified AGI between $80,000 and $90,000 ($160,000 and $180,000 for joint filers). The lifetime learning credit is equal to 20 percent of the amount of qualified tuition expenses paid on the first $10,000 of tuition per family. The phaseout for 2012 ranges from $52,000 to $62,000 ($104,000 to $124,000 for joint filers). Parents also find tax relief in saving for college though Coverdell accounts, section 529 plans and specified U.S.. savings bonds.
Extended Health Care Coverage
Effective since September 23, 2010, the new health care law requires plans to provide coverage for children until they attain age 26. Further, effective on or after March 30, 2010, children under the age of 27 are considered dependents of a taxpayer for purposes of the general exclusion from income for reimbursements for medical care expenses of an employee, spouse, and dependents under an employer-provided accident or health plan. Therefore, a plan must provide coverage to a child who is still a dependent up to age 26; but can do so up to age 27 without income tax consequences. A child includes a son, daughter, stepson, or stepdaughter of the taxpayer; a foster child placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction; and a legally adopted child of the taxpayer or a child who has been lawfully placed with the taxpayer for legal adoption.
Child Care Assistance Credit (for businesses)
Employers may take up to $150,000 of the eligible costs of providing employees with child care assistance as tax credit. These costs may include a portion of the costs of acquiring, constructing, improving, and operating a child care facility.
If you have any questions about these provisions and how they may benefit you, please contact our office.
If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.
The Treasury Department is authorized to offset a taxpayer’s tax refund to satisfy certain debts. A spouse who believes that his or her portion of the refund should not be used to offset the debt that the other spouse owes may request a refund from the IRS.
Offset
If an individual owes money to the federal government because of a delinquent debt, the Treasury Department’s Financial Management Service (FMS) can offset that individual's tax refund (and certain other federal payments) to satisfy the debt. The debtor will be notified in advance of the offset.
A taxpayer’s refund may be reduced by FMS and offset to pay:
- Past-due child support
- Federal agency non-tax debts
- State income tax obligations, or
- Certain unemployment compensation debts owed a state.
FMS advises taxpayers by written notice of an offset. FMS has explained that the notice will reflect the original refund amount, the taxpayer’s offset amount, the agency receiving the payment, and the address and telephone number of the agency. FMS will notify the IRS of the amount taken from your refund.
Form 8379
If a taxpayer filed a joint return and is not responsible for the debt of his or her spouse, the taxpayer may request his or her portion of the refund by filing Form 8379, Injured Spouse Allocation, with the IRS. Form 8379 may be filed with the original return or by itself after the taxpayer is aware of the offset.
The IRS has instructed taxpayers filing Form 8379 by itself to attach a copy of all Forms W-2 and W-2G for both spouses, and any Forms 1099 showing federal income tax withholding to Form 8379. Failure to attach these items may result in a delay in processing by the IRS.
The IRS has reported on its website that it generally processes Forms 8379 that are filed after a joint return has been filed in approximately eight weeks. The timeframe for processing a Form 8379 that is attached to a joint return is approximately 11 weeks (14 weeks if the joint return is filed on paper).
If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.
As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of February 2012.
February 1
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 25–27.
February 3
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates January 28–31.
February 8
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 1–3.
February 10
Employees who work for tips. Employees who received $20 or more in tips during November must report them to their employer using Form 4070.
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 4–7.
February 15
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 8–10.
Monthly depositors. Monthly depositors must deposit employment taxes for payments in January.
February 17
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 11–14.
February 23
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 15–17.
February 24
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 18–21.
February 29
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 22–24.
March 2
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 25–28.
March 7
Employers. Semi-weekly depositors must deposit employment taxes for payroll dates February 29–March 2.
If and only to the extent that this publication contains contributions from tax professionals who are subject to the rules of professional conduct set forth in Circular 230, as promulgated by the United States Department of the Treasury, the publisher, on behalf of those contributors, hereby states that any U.S. federal tax advice that is contained in such contributions was not intended or written to be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer by the Internal Revenue Service, and it cannot be used by any taxpayer for such purpose.