All posts by Bistra Zwerman

Blog, Congress at Work, COVID 19 UPDATES, Financial Planning, General Business News, Tax and Financial News

Pass-through Entity Tax (PTET)

Finally some great news for the taxpayers!!!
New York State has passed a law and the IRS has issued regulations that allow for the deduction of SALT taxes at the entity level. This will allow taxpayers to pay the tax due on income from Pass Through Entities (Partnerships, LLC’s and S Corporations) and thus reduce their federal income tax liability. At a time where expected federal tax hikes are coming this is an excellent opportunity to mitigate some of that projected increase in taxes.
This election MUST be made annually by the taxpayer. Your tax professional is not and can not be authorized to make the election on your behalf. However, please notify your WZ accountant if you make the election.
This is a new law and the guidelines have only recently been provided by NYS. The election due dates and important items of note are as follows:
  • For the calendar tax year beginning January 1, 2021 and ending December 31, 2021 the election MUST be made by October 15, 2021 (no extensions are available)
  • For the calendar tax year beginning January 1, 2022 and ending December 31, 2022 the election MUST be made by March 15, 2022 (no extensions are available)
  • Once the election is made it is irrevocable for that tax year.
  • Any estimated tax payments for the current tax year ending December 31, 2021 must be paid by December 31, to be deducted if you are a cash basis taxpayer.
  • For tax year ended 2022 quarterly estimates will be required and due on March 15, June 15, September 15 and December 15.
To see the step by step instructions to guide you through the process of setting up a user account (if you currently do not have one) and making the election for the current tax year 2021 please see  PTET Election Instructions
Please note, this election is optional. The decision whether to make the election is up to the entity, through its owners. The actual signing and submission of the election must be done by a duly authorized officer of the company.
The Partners and Team at WZ are available to answer any questions and assist in the process. We will also advise you on tax planning options and assist in quantifying the savings.
Please be advised that any time spent is not included in your current engagement and or retainer and you will incur additional fees at our standard billing rates.
Best regards,
WZ Partners
Blog, COVID 19 UPDATES, Financial Planning

35 Million Unprocessed Tax Returns Due To IRS Delays

The various pandemic-era programs introduced by the federal government have increased the tax authority’s workload and caused delays in the tax refund process.
The IRS has been under extreme pressure since the start of the pandemic, tasked with implementing a range of federal relief programs designed to support individuals, families and businesses affected by covid-19.
“The IRS and its employees deserve tremendous credit for what they have accomplished under very difficult circumstances, but there is always room for improvement.” Taxpayer Advocate Erin Collins wrote in her report. “This year, the IRS is dealing with an unprecedented number of returns requiring manual review, slowing the issuance of refunds,” Collins continued. “These processing backlogs matter greatly because most taxpayers overpay their tax during the year by way of wage withholding or estimated tax payments and are entitled to receive refunds when they file their returns. Moreover, the government uses the tax system to distribute other financial benefits.”
The 35 million pending returns account for 20 percent of the total returns submitted. And with the May 17 federal tax deadline almost two months in the past, the IRS is well beyond the 21-day processing time it typically strives for. Myriad reasons account for the delay.

The 2021 tax filing season started late and was extended an extra month due to the coronavirus pandemic. To make matters worse, the agency was inundated with phone calls and unable to keep up. During the 2021 filing period, the IRS received 167 million phone calls, four times more than during the 2019 season. As a result, only 9% of calls were answered by a live customer service representative.The popular “1040” line, the most frequently dialed IRS toll-free number, received 85 million calls during the 2021 filing season, with only 3% of callers reaching a live person.

Since the start of 2021, the IRS has issued the second and third economic impact payments, better known as stimulus checks. The second, for up to $600, started going out at the end of December 2020, as part of the Coronavirus Response and Relief Supplemental Appropriations Act. The third, for up to $1,400, started going out in the middle of March, as part of the American Rescue Plan Act. The IRS began accepting tax returns on February 12. So the latest check was processed during tax season, its busiest time of the year.

Another key component of the American Rescue Plan is the updated Child Tax Credit. Starting July 15, the IRS will pay $3,600 per child to parents of children up to age five. Half will come as six monthly payments, and half as a 2021 tax credit. That comes out to $300 per month and another $1,800 at tax time. The total amount changes to $3,000 per child for parents of six to 17 year olds, or $250 per month and $1,500 at tax time. The IRS has also been standing up this new program of monthly Child Tax Credit payments during tax season. While the agency has now sent out three stimulus checks, it has no experience sending out millions of periodic payments. Resources dedicated to setting up this program are resources not dedicated to its core mission, which is to “provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all.”

Erin Collins’s report also cites limited resources and technology issues as reasons for delays in processing tax returns. The agency operated under many of the same limitations that have affected office workers the world over during the pandemic. That included remote work, which can affect efficiency. The IRS is also understaffed and underfunded. Congress has continually reduced the agency’s budget over the last decade. Funding and total employment are both down by about 20 percent.

Beginning the tax season at a disadvantage contributed to the 35 million-return backlog. Tasking the IRS with stimulus checks and the updated Child Tax Credit at the same time drew resources away from processing tax returns. And a history of understaffing and underfunding set them up for failure. All of this put a strain on Americans who were counting on timely refunds.

COVID 19 UPDATES, Financial Planning, General Business News, Tax and Financial News

NJ Governor Murphy signs $235M in relief for small businesses

New Jersey small businesses and other entities crushed by the coronavirus pandemic are now eligible for another round of grant funding under a package of bills totaling $235 million in aid that Gov. Phil Murphy signed into law Tuesday.
“Throughout the past year, we have focused our relief efforts on supporting New Jersey’s small businesses so they can emerge from the pandemic stronger than before,” said Governor Murphy. “This additional funding will help us add to the more than 60,000 small businesses that have received aid to date.”
In the Assembly the bills were sponsored by Assembly members Vince Mazzeo, Roy Freiman, Lisa Swain, Andrew Zwicker, John Armato, Chris Tully, Pedro Mejia, Angela McKnight, Adam Taliaferro, Nicholas Chiaravalloti, Linda Carter, Joann Downey, Yvonne Lopez, Stanley Sterley, and Eric Houghtaling. In the Senate, the bills were sponsored by Senators Dawn Marie Addiego, Vin Gopal, and Joseph Lagana.
The funding will be administered by the NJEDA, which has reopened its Phase IV grant pre-application for those businesses that missed the original deadline. To date, the EDA has distributed more than $420 million in aid to some 63,000 businesses across the state. The breakdown of the $235 million in proposed today’s bill package is as follows:
  • Microbusinesses: $120 million
  • Bars and Restaurants: $20 million
  • Child Care Facilities: $10 million
  • Other Small Businesses and non-profits: $50 million
  • New Businesses and Start-Ups: $25 million
  • Sustain and Serve: $10 million

 

Blog, COVID 19 UPDATES, Financial Planning, General Business News

Small Business Recovery Grant Program

The New York State COVID-19 Pandemic Small Business Recovery Grant Program was created to provide flexible grant assistance to currently viable small businesses, micro-businesses and for-profit independent arts and cultural organizations in the State of New York who have experienced economic hardship due to the COVID-19 pandemic. Applications open last Thursday for $800 million in state grants to help the smallest businesses recover from the pandemic – and the money may not be taxed by Albany.
The State Legislature is expected to approve a proposal from Gov. Andrew M. Cuomo to exempt the COVID-19 Pandemic Small Business Recovery Grant Program from state income tax. The grants vary between $5,000 and $50,000.
The money will serve as reimbursement of employee wages, rent and mortgage payments, taxes, utility bills and other operating expenses from the pandemic, between March 1, 2020 and April 1, 2021. Also reimbursable is the purchase of masks, gloves, face shields and other personal protective equipment and improvements to ventilation systems to slow the coronavirus’ spread during the period.
Read more on eligibility and apply here:
Blog, COVID 19 UPDATES, Financial Planning, General Business News

New York Forward Loan Fund accepting Pre-Applications

New York Forward Loan Fund (NYFLF) is a new economic recovery loan program aimed at supporting New York State small businesses, nonprofits and small landlords as they reopen after the COVID-19 outbreak and NYS on PAUSE.
Pre-applications for the New York Forward Loan Fund are now open. This is not a first-come, first-served loan program. Applications will be reviewed on a rolling basis.  For small businesses and nonprofits, you are encouraged to prepare your pre-application in advance by taking advantage of the application preparation resources available here.
Blog, Congress at Work, COVID 19 UPDATES, Financial Planning

SBA Launches $100M Community Navigator Pilot Program

The U.S. Small Business Administration (SBA) announced today that it is accepting applications for its new Community Navigator Pilot Program. This new initiative, established by the American Rescue Plan, will leverage a community navigator approach to reach our nation’s smallest businesses, with a priority focus on those owned by socially and economically disadvantaged individuals, as well as women and veterans. SBA will accept applications through July 12, 2021, and anticipates making award decisions by August 2021.

The Community Navigator Pilot Program will roll out $100 million in grants total and between $1-$5 million per applicant for “a two-year performance period” to “eligible organizations to provide counseling, networking and to serve as an informal connection to agency resources to help small businesses recover from the economic devastation” brought about by the coronavirus pandemic.

In February 2021, Congress met to provide a blueprint on assistance to small businesses with provisions under the American Rescue Plan. Members of Congress met with constituents to discover at local levels the impact of the pandemic and the effect it is having on businesses that may have been left out in early rounds of relief.

“As someone proudly representing one of the most diverse congressional districts in the country, I am glad the Community Navigator Pilot Program will soon be launching,” said Rep. Carolyn Bourdeaux of Georgia. “We have already seen the difficulties diverse communities face in accessing critically-needed relief resources, from securing PPP funds to rental relief. Through targeted outreach to small businesses in underserved communities, we can ensure that everyone is able to take advantage of the resources offered by the American Rescue Plan.”

Here’s how the SBA explains in full what the Community Navigator program is:

“Through the Community Navigator Pilot Program, SBA will engage with states, local governments, SBA resource partners, and other organizations in targeted outreach for small businesses underserved communities. These efforts began with SBA issuing an Information Notice that offers advice and guidance on best practices for adopting the community navigator model for use by SBA district offices, state and local government partners, Small Business Development Centers (SBDCs), Women’s Business Centers (WBCs), Veterans Business Outreach Centers (VBOCs), SCORE, and other resource partners. The Biden-Harris Administration and Congressional leaders supported a $100 million investment, as part of the American Rescue Plan, to establish Community Navigator Programs for individuals with disabilities and/or in minority, immigrant, rural, and other underserved communities across the country.”

Making a Difference in Underserved Small Business Communities.  Key in this initiative are partners and people in the community, serving as a two-way information stream, enabling enterprising business owners to receive the help needed from the SBA. Serving as the foundation of America’s economy, these underserved businesses have areas of concern that need to be addressed. Community Navigator Pilot will provide counseling, networking, and the assistance needed during this time of economic recovery.

“The SBA understands the importance of partnering with organizations as well as smaller, local institutions that are already embedded in the fabric of the Main Street business communities they serve,” said Assistant Administrator for the Office of Women’s Business Ownership Natalie Madeira Cofield. “Community Navigators are the backbone of aiding underserved and underrepresented communities across the nation with recovery.”

For more information on the Community Navigators Initiative, please visit www.sba.gov/navigators.

COVID 19 UPDATES, Financial Planning, General Business News, Tax and Financial News

Tax Highlights of New York’s 2021-2022 Budget Bill

On April 19, 2021, New York State Gov. Andrew Cuomo signed the state’s 2021-2022 Budget Bill, which contains significant tax measures including, but not limited to, increased taxes on businesses and high-net-worth individuals and an elective pass-through entity (PTE) tax.

Read the key tax provisions in this comprehensive Budget Bill  HERE. To this end, we anticipate that additional guidance will be issued by the New York State Department of Taxation and Finance (“the Department”), especially addressing the newly enacted PTE tax.

Corporation tax 

The Budget Bill sets the tax rate for corporations with business income that exceeds $5 million at 7.25%, up from 6.5%. It also delays the scheduled phase-out of the capital base tax to Jan. 1, 2024, and establishes a tax rate of 0.1875% for tax years beginning on or after Jan. 1, 2021. Note that the phase-out delay does not apply to manufacturers and small businesses.

Personal income tax 

The Budget Bill increases the personal income tax rates on high-income earners for the 2021 through 2027 tax years. The new rates are as follows:

  • 65% for individuals with income over $1,077,550 but not over $5 million; joint filers with income over $2,155,350 but not over $5 million; and heads of household with income over $1,646,450 but not over $5 million
  • 30% for all classes of taxpayers with income over $5 million but not over $25 million
  • 90% for all classes of taxpayers with income over $25 million

Factoring in the current New York City personal income tax rate (3.876%), these new rates will result in a combined state and local personal income tax rate of 14.776% for affected high-income taxpayers with taxable income exceeding $25 million. Clearly, high-net-worth individuals will be significantly impacted by this increase in personal income tax rates.

Pass-through Entity Tax

Partnerships and S corporations can elect to pay an optional pass-through entity income tax on the entity’s taxable income at rates ranging from 6.85% to 10.9%. Partners/shareholders of electing partnerships and S corporations will be allowed to take an offsetting personal income tax credit for the portions of the PTE tax paid by the entity that are attributable to such partners/shareholders.

An irrevocable, annual election must be made by the due date of the first estimated tax payment. For the 2021 tax year, the election must be made on or before Oct. 15, 2021, and there are no estimated taxes required to be remitted.

Resident Tax Credit

The Budget Bill also amends the resident tax credit provisions, and, effective for the 2021 tax year, New York residents who are partners or shareholders in entities that pay “substantially similar” PTE in other jurisdictions will be allowed a credit for their respective share of PTE taxes paid to other states. Prior to this amendment, it was the Department’s position that residents were not eligible for such a resident tax credit for entity-level taxes paid.

Sales and Use Tax 

The Budget Bill increases the threshold from $300,000 to $500,000 for gross receipts from property delivered into New York State and maintains the threshold of 100 sales transactions in the state to require vendors to register in response to the Wayfair decision.

Real Estate Transfer Tax 

The Budget Bill clarifies that the Real Estate Transfer Tax is the responsibility of the grantor. The grantor cannot pass the liability to the grantee unless there is a contract or a written agreement between both parties.

Real Property Tax Relief Credit

Individuals with qualified adjusted gross income of less than $250,000 will be eligible for a new credit if New York real property taxes on their New York State principal residence exceed 6% of qualified adjusted gross income. The credit is based on the real property tax paid in excess of that 6% amount, and the rate is determined on a gradual sliding scale from 14% to 0%.

Qualified Opportunity Funds 

Effective Jan. 1, 2021, taxpayers will no longer be able to defer current capital gains by reinvesting them into Qualified Opportunity Funds. The Budget Bill no longer allows a federal exclusion of the reinvested capital gain amount, and now requires an add-back modification for the gains deferred in the year of such deferral.

Restaurant Return-to-Work Tax Credit

The Budget Bill creates a new “Restaurant Return-to-Work-Tax Credit” program. Eligible businesses can claim a $5,000 credit for each full-time net employee increase, up to a total of $50,000 in tax credits. To qualify, the restaurant should have experienced at least a 40% decrease in gross receipts and/or average full-time employment due to the pandemic.

Employees working outside N.Y. due to COVID-19

Due to COVID-19, many businesses have New York-based employees working remotely. The Budget Bill allows these businesses to treat “such remote work as having been performed at the location such work was performed prior to the declaration of such state disaster emergency,” in order to claim tax credits and incentives requiring a minimum number of employees.

It is critical to note that the Budget Act does not address the personal income tax implications of remote workers. That is, the Department has already made its position clear on remote workers and its interpretation of its “convenience of the employee” rule. In this regard, “if you are a nonresident [of New York] whose primary office is in New York State, your days telecommuting during the pandemic are considered days worked in the state unless your employer has established a bona fide employer office at your telecommuting location.”

Given the magnitude and complexity of the tax changes in the Budget Bill, all taxpayers (New York and non-New Yorkers) should review the new provisions to see how these changes impact their specific tax positions. In addition, given New York State’s tax rate increases on high-net-worth individuals and businesses, coupled with the pandemic’s current remote workforce climate, we would anticipate more individuals contemplating a change in domicile/residency outside of New York State and businesses exploring whether they need to have a physical location within the State of New York.

Moreover, partnerships and S corporations also need to evaluate whether the newly enacted PTE tax should be timely elected and whether this would be beneficial to their respective entities and partners/shareholders. We expect that the Department will need to issue clarifying guidance on the PTE, as we anticipate there will be many open questions that will have to be addressed based on what we have seen in other states that are administering a PTE.

 

COVID 19 UPDATES, Financial Planning, General Business News, Newsletters

SBA Rolls Out New $5B Grant Program for Small Businesses

Small businesses and nonprofit groups hardest hit by the coronavirus pandemic now are eligible for additional support under a $5 billion Small Business Administration program.
The new round of Economic Injury Disaster Loan assistance, known as Supplemental Targeted Advances, is available for up to 1 million small businesses and nonprofits with no more than 10 employees.

To qualify, applicants must be located in a low-income community; suffered greater than a 50% economic loss over an 8-week period since March 2, 2020 compared to the previous year; and have 10 or fewer employees.

You can get more information at SBA.gov/eidl. You can also email questions to TargetedAdvance@sba.gov.

To see if your business is located in a designated low-income area, you can use this map.

COVID 19 UPDATES, Financial Planning, General Business News

SVOG application portal reopens today at 12pm ET

The U.S. Small Business Administration, citing negative feedback to previously announced plans to reopen the Shuttered Venue Operators Grant (SVOG) application portal on Saturday, announced Friday night that it was rescheduling the reopening for today at noon EDT.

“We heard you and we are taking action,” the SBA said in an emailed statement. “It is our top priority to deliver on the promise and commitment to provide economic lifelines to you ASAP. Yet, we understand the challenges a weekend opening would bring and to ensure the greatest number of businesses can apply for these funds, we decided to reschedule.”

The Friday announcement came less than 24 hours after the SBA had announced the Saturday reopening. In a brief statement issued late Thursday night, the agency said it had completed rigorous testing on the portal, which was forced to shut down due to technical issues only hours after it opened on April 8. The SBA also provided updated documents and guidance Friday. The agency said that interested applicants should register for an account in advance through the portal.

In addition, the SBA released updated FAQ guidance related to the SVOG program. The FAQs are reorganized for clarity, and content that is new or substantially changed is marked with an asterisk. Among the new information included is a Question 31 in the Application section that provides a sample statement that applicants can use for their Certification of Need. Also, a clarification in Question 11 in the Revenue section indicates that the SBA will look to the entity’s calendar year 2019 earned revenues as the basis for determining the award amount.

The application portal for the SVOG program ran into technical difficulties almost immediately on April 8, with venue owners and other eligible businesses saying on social media that they could not upload supporting documents for their applications. The SBA then shut down the portal for repairs.

The SBA said last week that its vendors had fixed the root cause of the initial problems but that more in-depth risk analysis and stress tests identified other issues.

Here is what you need to do:
Blog, COVID 19 UPDATES

SBA Releases Guidance on Restaurant Revitalization Fund

April 22, 2021
Dear Clients, Business Associates and Friends:
On April 17, 2021, the SBA released guidance related to the Restaurant Revitalization Fund (“RRF”). This program, created by the American Rescue Plan Act (ARPA) was enacted on March 11, 2021, aims to provide relief to restaurants, bars, and similar eligible businesses who were impacted by the COVID-19 pandemic.
General Overview
The RRF provides grants to eligible businesses, including restaurants, food stands, food trucks, food carts, caterers, bars, saloons, lounges, taverns, snack and nonalcoholic beverage bars, and licensed facilities or premises of a beverage alcohol producer where the public may taste, sample, or purchase products. In addition, bakeries, brewpubs, tasting rooms, taprooms, breweries, microbreweries, wineries, and distilleries may be eligible if onsite sales to the public comprise at least 33% of gross receipts, and inns may be eligible if onsite sales of food and beverage to the public comprise at least 33% of gross receipts.
Grant Amount
For all applicants in operation as of January 1, 2019, grant amounts will be calculated by determining 2019 gross receipts minus 2020 gross receipts minus Paycheck Protection Program (PPP) loan amounts. Amounts will be capped to $5 million per location, not to exceed $10 million for the total applicant and its affiliated businesses. No awards will be made under $1,000.
When determining gross receipts, applicants should not include PPP loans, Economic Injury Disaster Loans (EIDL), EIDL Advances, Targeted EIDL Advances, state and local grants (via CARES Act or otherwise) or amounts paid on behalf of SBA loans through Section 1112 of the CARES Act.
Fund Uses
Restaurant Revitalization Funds may be used for certain business payroll costs (including sick leave and group health care, life, disability, vision or dental insurance premiums), payments on business mortgage obligations, rent, principal and interest payments, utilities, maintenance expenses, construction of outdoor seating, business supplies (including personal protective equipment and cleaning materials), business food and beverage expenses (including raw materials), covered supplier costs as defined by the program, and business operating expenses as defined by the program. Awardees must use all funds by March 11, 2023 on eligible expenses incurred between February 15, 2020 and March 11, 2023. Unused funds must be returned.
Grant recipients will be asked to complete annual reporting submissions beginning no later than December 31, 2021 regarding their use of funds, until the funds have been depleted. SBA may ask for supporting documentation at any time.
Applications
Although the SBA has not announced when it will begin accepting applications, ARPA indicates that the SBA can only fund certain entities in the first 21 days of the application period. Specifically, applications from small businesses that are at least 51% owned by women, veterans, or socially and economically disadvantaged individuals will be considered for funding. Other entities may apply during this time, but their applications will not be considered for funding until the 21-day priority period ends.
Next Steps
As demand is expected to exceed funding availability, interested businesses should carefully review SBA guidance and confirm their eligibility. Eligible entities may wish to begin preparing documentation and the draft application, understanding that the application may be changed before the application portal goes live. SBA guidance can be found as follows:
** IF YOU HAVE MISSED ANY PREVIOUS WZ WEBINARS OR COMMUNICATION IN REGARDS TO COVID-19, PLEASE REFER TO OUR WEBSITE
Best,
WZ Partners

 

Wagner & Zwerman LLP